Neha & ANR v. The Commisioner Of Police & ORS
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3111/2018 NEHA & ANR.
..... Petitioners Through:
Mr. Shray Kaushal, Advocate with Petitioners in person.
Versus
THE COMMISIONER OF POLICE & ORS.
..... Respondents Through:
Mr. R. S. Kundu, Addl. Standing Counsel with Ms. Suman Sahram, Mr. Murli Manohar and Mr. Ravinder Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 09.10.2018 The petitioners are legal adults. They have filed photocopy of their Cards issued by the Unique Identification Authority of India as proof of their age, which shows that both of them had attained the age of majority as of the date of contracting marriage on 27.09.2018. They claim to have married each other of their free volition. They fear for their life, limb and liberty from respondent No. 3 - the father of petitioner No.1 because the marriage is not with his concurrence and the latter is inimical to the petitioners.
The learned counsel for the State submits that due protection shall be granted to them by the Station House Officer (SHO) of the area of their residence in Delhi. The petitioners are directed to furnish their fresh address with telephone numbers to the learned counsel for the State for onward transmission to the Investigating Officer. The police shall not disclose the same to anybody. Mr. Kundu, the learned counsel for the State, assures the Court that the petitioners shall be interacted in the Court
premises today itself and they shall be provided due protection, as per threat assessed, by the SHO. Additionally, they will be provided three telephone numbers of police officers including one of the lady police officer. These numbers shall be kept operational at all times so that any exigency can be intimated on either of the numbers by the petitioners. The Court is assured by the learned counsel for the State that any message received on the said numbers or on any other telephone number of the police either by way of a telephone call or SMS shall be immediately responded to. Additionally, the Beat Constable/Division Staff of the area shall regularly visit the residence of the petitioners on a daily basis and report the same in the Roznamcha.
The safety and security of the petitioners shall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha. The Beat Constable shall record entries in his Beat Book. The learned counsel for the State submits that the SHO concerned shall duly sensitize respondent No. 3 about the petitioners' right to choose a life partner; to marry as per their free volition; to live a life according to their choice and for doing so, the consent of the parents would not be necessary in law.
Should the petitioners shift their address to the jurisdiction of any other Police Station in Delhi, the same protection shall be granted to them by the SHO of the subsequent Police Station as well. No further orders are required.
The petition stands disposed-off in terms of the above. NAJMI WAZIRI, J.
OCTOBER 09, 2018/sb