Sagar & ANR v. The State ( NCT Of Delhi) & ORS

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3746/2018, CRL.M.A. 49291/2018 SAGAR & ANR ..... Petitioners Through: Mr. Anubhav Dubey, Adv with the petitioners in person.

versus THE STATE ( NCT OF DELHI) & ORS ..... Respondents Through: Mr. Ranbir Singh Kundu, ASC with Ms. Suman Saharan & Mr. Bhagat Singh, Advs. and SI Mukesh Khata, PS B.K. Road.

Ms. Damini K., Adv. for R- 3 to 6 with R-3 in person.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 10.12.2018 The petitioners claim to be legal adults. Documents of their age have been annexed to the petition showing them to be above 18 years of age on the day when they entered into a tie of matrimony. The marriage has been registered before the Marriage Registration Officer, Ghaziabad (UP) on 16.10.2018. Their marriage does not have the blessings of parents of petitioner no.2, Ms. Geetanjali. The petitioners apprehend grave threat to their life, limb and liberty from the parents of petitioner no.2. The case was passed over for the parents of petitioner no.2 to be able to interact with her. During the lunch recess they have spoken with each other. The learned counsel for the State submits that the parents of petitioner no.2 are ready and willing to host a reception for the petitioners, should their daughter return to their home for a week. It is stated that, for this happy

proposition, the parents of petitioner no.1 would willingly share half the expenses of the reception. However, the learned counsel for the petitioners submit that petitioner no.2- Ms. Geetanjali is, for the moment, not willing to live at her parents‟ home. At least not till the reception is held because she is not comfortable with their opposition and conditional acceptance of her marriage.

No person can be coerced to live with another person. However, insofar as petitioners being legal adults have chosen to live together, and petitioner no.2 has chosen to live away from her family, her right to do so shall be protected.

Mr. Ranbir Singh Kundu, the learned counsel for the State accepts notice and assures the Court that the matter has been looked into by the SHO of the area concerned and the respondents will be duly sensitized to maintain peace as well as to the fact that legal adults have a right to make their own decision in choosing a life partner and the parents cannot interfere in the exercise of such right. Additionally, the petitioners shall be provided with telephone numbers of three police officers from the jurisdiction of the concerned Police Station of which one shall be a 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. Mr.

Kundu further states 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.

with due endorsement of the same in the Roznamcha for a month. The Beat Constable shall record entries in his Beat Book. The petitioners‟ complete address and their telephone numbers have been given to the learned counsel for the State during the course of the hearing. Parents of petitioner no.2 are present in Court. They do not have a counsel. Accordingly, Ms. Damini K., Advocate, who is present in Court, is appointed as their counsel for the day. She states upon instructions that they have accepted the marriage, however, they would want to hold a reception. Be that as it may, insofar as the parents have accepted the marriage of their daughter with petitioner no.1, there is nothing much they can do apropos the choice of their daughter to live with petitioner no.1. The learned counsel for the parents submits that there can be no threat from them to their own daughter‟s safety and security and they too would be concerned about her.

In these circumstances, no further orders are required. The petition is disposed off in the above terms.

NAJMI WAZIRI, J DECEMBER 10, 2018/kk