High Court of DelhiW.P.(CRL)/1893/2017

Mrs Farha & ANR v. Govt Of NCT & ORS

2017-07-07Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1893/2017 MRS FARHA & ANR ..... Petitioners Through:

Mr.Muntazir Mehdi, Adv.

versus GOVT OF NCT & ORS ..... Respondents Through:

Ms.Nandita Rao, ASC.

SI Rajender Singh, P.S.Malviya Nagar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 07.07.2017 Crl.M.A.10493/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 1893/2017 The petitioners were neighbours and because of the proximity of the houses in which the petitioners resided, they fell in love and married each other in accordance with Muslim religious rites; which marriage was not acceptable to the parents of the petitioner No.1 i.e. the girl. The girl is a major. Unfortunately, the boy who is petitioner No.2 is only 171⁄2 years of age. The marriage may not be a valid marriage but the petitioners do deserve protection.

Out of fear of reprisal, the petitioners have chosen to leave their houses and are staying in Old Delhi. The petitioners have provided the address of their present residence to Ms.Nandita Rao, learned Additional Standing Counsel. The petitioners are present in Court. On interaction with them, the petitioner No.1 intimated to the Court that she is studying and that

for the time being her needs are being taken care of by the parents of petitioner No.2. She also submitted that till date the respondents who are her relatives have not filed any case either against her or petitioner No.2 but on a couple of occasions, have threatened her on telephone of dire consequences. It appears to this Court that since the issue is fresh and the respondent Nos.4 to 7 have not accepted the marriage gracefully, there is some kind of retaliation. However, nothing has been brought on record by the petitioners to demonstrate that there is any serious apprehension. Be that as it may, since matrimonial issues evoke strong response from unwilling parents, this Court deems it appropriate to direct the SHO of the concerned police station to ensure the safety and security of the petitioners.

The SHO of the concerned police station shall not divulge the present address of the petitioners and would ensure that nothing untowards takes place. The petitioners shall be provided with the telephone number of two police personnels of the concerned police station with an assurance to them that in case of any distress call, prompt action shall be taken. If possible, the SHO shall also consider the desirability of instructing a beat constable to keep an eye at the residence of the petitioners, for some time at least, and in case of any movement of undesirable people near their place of residence, the same be reported to the police station promptly. With these observations and directions, this writ petition is disposed of.

Dasti.

ASHUTOSH KUMAR, J JULY 07, 2017/k