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Madras High CourtWP/20707/2015closed

Mrs. R.Aswini, v. The Commissioner Of Police,

2015-07-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH WP.No. 20707 of 2015 and MP.No.1 of 2015 R.Aswini ... Petitioner Vs 1.The Commissioner of Police, Commissionerate, Periyamed, Chennai.

2.The Inspector of Police, Sembium Police Station, Perambur, Chennai.

3.S.Ramesh ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the 1st and 2nd respondents to provide necessary and adequate police protection to the petitioner, her husband and husband's relatives. For Petitioner : Mr.P.Vijendran For Respondents : Mr.P.Sanjay Gandi, AGP [for R1, R2]

O R D E R

Seeking a direction to the respondents 1 and 2 to provide necessary and adequate police protection to the petitioner, her husband and husband's relatives, the petitioner has came up with this petition.

2. Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for respondents 1 and 2 and perused the materials placed on record.

3. It is seen that the petitioner got married to Prasath, which marriage is being objected by the parents of the petitioner. This Court enquired with the petitioner and her husband and found that, both are major and that they got married on 03.04.2014 and have registered their marriage before the SRO, Ponneri. https://hcservices.ecourts.gov.in/hcservices/

4. It is seen that both of them belong to dalit community, but on account of economic disparity, the marriage is being resisted by the parents of the petitioner. In Lata Singh Vs State of Uttarpradesh and another [2006] 5 SCC 475, the Hon'ble Supreme Court has directed that sufficient protection should be given to couples who undergo intercaste marriage. Though, this is not an intercaste marriage, the principles laid down in the said judgment can be made applicable.

5. Under such circumstances, this Court directs the petitioner and her husband to appear before the Deputy Commissioner of Police, Puliyanthope and lodge a written complaint and on such complaint being given, the Deputy Commissioner of Police shall ensure that protection is accorded to the petitioner and her husband for their life and liberty.

6. With the above direction, this petition is closed. Consequently, connected Miscellaneous Petition is closed. gya -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Deputy Commissioner of Police, Puliyanthope, Chennai.

2.The Commissioner of Police, Commissionerate, Periyamed, Chennai.

3.The Inspector of Police, Sembium Police Station, Perambur, Chennai.

4.The Public Prosecutor, High Court, Madras.

5.The Government Pleader, High Court, Madras.

kgk(co) prk16/7 WP.No.20707 of 2015 https://hcservices.ecourts.gov.in/hcservices/