1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4495/2009. : : Smt. Nisha Singh Vs. State of Rajasthan & Ors. : : Date of Order 22.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Biri Singh for the petitioner. Mr. Pradeep Kalwania, Additional Govt. Counsel. Issue notice. Shri Pradeep Kalwania, Additional Government Counsel accepts notices. This writ petition has been filed with the prayer that State Government and the police be directed to provide protection to the petitioner Nitu Singh, her husband and his family members so that they may live their married life in peace. Learned counsel for the petitioner has argued that petitioner, who is Rajput by caste, has got married with Jyoti Swaroop Sharma and this has not been taken kindly by her family members. They have lodged a first information report with Police Station, Kaithun against her husband alleging abduction of petitioner whereas petitoner, who is major, has married with Jyoti Swaroop out of her will. The local police is 2 acting under the influence of father of petitioner particularly because her two brothers namely; Shankar Singh and Jaswant Singh are working with Police Department as Constable and ASI respectively. Learned counsel cited judgment of the Supreme Court in Lata Singh Vs. State of U. P. & Anr. : 2006 VI AD (SC), 292 and specially relied on para No.17 of the judgment wherein a direction has been issued to administration/police authorities throughout the country to see that if any boy or girl, who is major, undergoes inter-caste or inter-religious marriage with a woman or man who is also major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigatin, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law. Having regard to the facts of the case, it is not considered appropriate to directly entertain the writ petition. This writ petition is disposed of with liberty to petitioner to make a representation to Director General of Police and Superintendent of Police, who shall verify the facts of the case and especially, if it is found that petitioner is a major 3 and married with Jyoti Swaroop out of her will, ensure petitioner, husband of petitioner and family members of husband are not subjected to harrashment just because she entered into an intercaste marriage and act according to observation made in para 17 of the judgment of Supreme Court in Lata Singh (supra). This writ petition is disposed of accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.81.