SALONI DIWOLIYA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2022-12-40
HIGH COURT OF MADHYA PRADESH
Decided on December 01,2022

Saloni Diwoliya Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

GURPAL SINGH AHLUWALIA, J. - (1.)This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :
"(i) That, the respondents 1 to 3 may kindly be directed to provide necessary police protection to the petitioners from petitioner No.1 father Pooran Singh Bhadouria and other anti social elements in the interest of justice.

(ii) That, the respondents 1 to 3 may kindly be directed not to take any coercive action against the petitioners on the basis of false complaints made by the father of petitioner No.1 or other family members of the petitioners.

(iii) That, the action of the father of petitioner No.1 Pooran Singh Bhadauria and other anti social elements threatening the petitioners and interfering in this wedded life may kindly be declared to be illegal, null and void and consequently they be restrained from making such an act."

(2.)It is submitted by counsel for the petitioners that both the petitioners are major and are of marriageable age and do not have any disqualification under the provisions of Hindu Marriage Act. They have performed marriage on 16/11/2022 in Arya Samaj Shivkatra, Kanpur Nagar and have also got their marriage registered. The petitioner No.1 has an apprehension that her parents and her relatives may lodge false report against her husband or her in-laws, therefore, she made a complaint/application to the police Authority on 22/11/2022 praying for recording of her statement before proceeding further on the FIR/complaint made by the parents/relatives.
Heard the learned counsel for both the petitioners.

(3.)The petitioners are the resident of Gwalior, whereas the marriage is alleged to have been performed at Arya Samaj Shivkatra, Kanpur Nagar. Counsel for the petitioners could not point out any provision of law, by which Arya Samaj Shivkatra, Kanpur Nagar is competent to issue any marriage certificate, therefore, this Court cannot rely upon the marriage certificate issued by Arya Samaj Shivkatra, Kanpur Nagar. So far as the certificate of registration of marriage issued by Marriage Registration Officer, Kanpur Nagar is concerned, it appears that it has been issued in utter violation of Sec. 5 and 6 of Special Marriage Act. It is not the case of the petitioners that any of them was residing for a period of 30 days at a place within the territorial jurisdiction of Marriage Officer, Kanpur Nagar. Further, there is nothing on record to show that any notice was sent to the Marriage Registration Officer at Gwalior as required under Sec. 6 of Special Marriage Act. Therefore, marriage certificate relied upon by the petitioners cannot be considered.
However, the next question is that when both the parties are major and are willing to live their life as per their wishes then whether, anybody has a right to commit offence against them.



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