1 Moin Khan & Anr. Vs. State of Rajasthan & Ors. (S. B. CIVIL WRIT PETITION NO.2020/2010) Dated : 25.2.2010 HON'BLE MR. JUSTICE SANGEET LODHA Mr. S.K. Poonia, Mr. Ravindra Paliwal for the petitioners. Mr. G.R. Punia, Additional Advocate General. Issue notice. Mr. G.R. Punia, learned Additional Advocate General accepts notices on behalf of the respondents. With the consent of learned counsel for the petitioners and learned Additional Advocate General, the matter is heard finally at this stage. 1. In this writ petition, the petitioners under apprehension of harassment and violent action against them by the father of the petitioner no.2, annoyed by their marriage, have sought directions for police protection. 2. The petitioners both major belonging to same caste having made unsuccessful attempt to persuade their parents, entered into marriage on 13.2.2010 at Mosque situated at Ratlam. It is submitted that having come to know about the petitioners' marriage, the father of the petitioner no.2, Shri Abdul Kadar lodged an FIR at Police Station Amba Mata, Udaipur, with the allegation that the petitioner no.1 herein, has enticed away his daughter petitioner no.2 herein. Police has registered a case against the petitioner no.1 for offences under Sections 363 & 366 IPC. In these circumstances, this writ 2 petition is preferred by the petitioners to restrain the respondent no.4 from interfering with their life and liberty and so also to provide police protection. 3. On being personally interviewed by this Court, the petitioner no.2 has stated in unequivocal terms that she is major and has entered into marriage with the petitioner no.1 at Mosque at Ratlam with her own free will and she intend to stay with her husband and does not want to go to her parents. On the basis of the document on record, it is not disputed by the learned Additional Advocate General that the petitioners are major. 4. In the matter of Latta Singh Vs. State of U.P., reported in 2006 Cr.L.J., 3312, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-marriage, the Hon'ble Supreme Court have issued directions to the Administration/Police Authorities throughout the country in the following terms : “This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter- religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious 3 marriage with a woman or man who is a 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 harass or commits acts of violence either himself or at his instigation, 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.” 5. Accordingly, having regard to the facts and circumstances of the present case, this writ petition is disposed of with the directions to the respondents no.2 & 3 to ensure that the petitioners are not harassed or threatened nor any act of violence is committed against them. Needless to say that any such action against the petitioners shall be dealt with by the police authorities sternly in accordance with law. No order as to costs. (SANGEET LODHA), J. vij