Tanya Gupta
Published on: March 23, 2022 at 17:24 IST
In the Case of Gadiya Sejal Ben Vs. The State of Madhya Pradesh, the Madhya Pradesh High Court grants Police Protection to a Major Woman who is being threatened by her Parents for Marrying outside her Caste.
Justice Vishal Mishra is dealing with this Writ Petition in which the Petitioner seeks Police Protection for her Husband, her In-Laws, and Herself.
A Transit Bail is also sought by her for a Fake Allegation made by her family against her Husband.
In the instant Case, the Petitioner being a Major got Married to her Husband, who did not belong to her Caste of her own Free Will. They Registered their Marriage under the Special Marriage Act, 1954.
Her Parents being unhappy with the Inter-Caste Marriage registered a False Case against her Husband at District Surendranagar.
A Warrant Under Section 97 of Code of Criminal Procedure has been issued by the concerned Judicial Magistrate of First Class.
The Petitioner submits her willingness to Record her statement before the Concerned Judicial Magistrate of First Class and to establish that her Parents have Falsely Accused her Husband.
But owing to the Threat and Terror of her Family she is unable to do so.
The Petitioner relies on the Judgement given by the Supreme Court in Lata Singh Vs. State of U.P. & Anr. The Petitioner believes that she and her Husband deserves Police Protection.
The Court raises the question related to the Territorial Jurisdiction since the Case against her Husband is registered in Gujarat and is being Dismissed by the Court.
After carefully scrutinizing the Facts, the Court held that the Lata Singh Case is in favour of the Petitioner,
“It is not disputed that the Petitioner as well as her Husband are Major and have Solemnized their Marriage, which has been Registered on 10.09.2021. She has also submitted that she is Ready to Bear the Expenses of Police Protection. The Registration of Criminal Case and Issuance of Warrant by the Learned Judicial Magistrate First Class, Surendranagar (Gujarat) has also been reflected.
In such circumstances, considering the Judgment passed by the Hon’ble Supreme Court in the Case of Lata Singh (supra), this Court deems it appropriate to Dispose of this Petition directing the Respondent no.3 to look into the matter and take appropriate steps for providing Protection to the Petitioner to appear before the Court of learned Judicial Magistrate First Class, Surendranagar (Gujarat) on 01.04.2022.”
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