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Rajasthan High Court – Jodhpur
Babita vs State Of Rajasthan (2025:Rj-Jd:26807) on 4 June, 2025
[2025:RJ-JD:26807]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1612/2025
1. Babita W/o Gagandeep, Aged About 30 Years, R/o Ward
No.1, Mainawali, 7 Mwm, Hanumangarh Currently
Residing At Ward No.3, Rayanwali, Sri Ganganagar,
Rajasthan.
2. Gagandeep S/o Balram, Aged About 25 Years, R/o Ward
No.3, Rayanwali, Sri Ganganagar, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Govt. Of Rajasthan, Jaipur.
2. The Superintendent Of Police, Sriganganagar, Rajasthan.
3. The Station House Officer, Rajiasar, Sriganganagar,
Rajasthan.
4. Daulat Ram, R/o Ward No.1, Mainawali, 7 Mwm,
Hanumangarh
5. Raja Ram, R/o Ward No.1, Mainawali, 7 Mwm,
Hanumangarh
6. Krishna Lal, R/o Devanagar, Pilibanga.
7. Devi Lal, R/o Devanagar, Pilibanga.
----Respondents
For Petitioner(s) : Mr. Jayant Garg
For Respondent(s) : Mr. Sameer Pareek, P.P.
Mr. D.S. Pidiyar, AAAG for Mr. S.S.
Ladrecha, AAG
HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)
Order
04/06/2025
1. The criminal writ petition has been preferred by the
petitioners under Article 226 of the Constitution of India seeking a
direction to be provided with adequate security and protection.
The petitioners, both being major persons, claim to have
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solemnized their marriage out of their own free will through a love
marriage. They submit that the marriage was performed against
the wishes of their parents, and thus, they feel a threat to their
lives at the hands of respondents nos.4 to 7.
2. The documents pertaining to the age of the petitioners and
the marriage ceremony performed between them have been
placed on record. The petitioners, who are major and having
solemnized their marriage voluntarily, cannot be denied protection
of their life and liberty, since it is a fundamental right of every
citizen as guaranteed under Article 21 of the Constitution of India.
This position has been clearly affirmed by the Hon’ble Apex Court
in S. Khushboo Vs. Kanniammal [(2010) 5 SCC 600], Joseph
Shine Vs. Union of India [(2019) 3 SCC 39], and Lata Singh Vs.
State of U.P. [AIR 2006 SC 2522].
3. Thus, taking cue from the proposition of law set forth by the
Hon’ble Supreme Court in a catena of judgments and in order to
protect the fundamental rights of the petitioners guaranteed under
the Constitution, the prayer made by the petitioners to provide
protection to them deserves to be accepted.
4. This Court, in exercise of its writ jurisdiction, is not inclined
to examine the legal validity or otherwise of the marriage of the
petitioners and therefore does not render any opinion on the
same. However, this petition is disposed of with liberty to the
petitioners to approach the Superintendent of Police, Sri
Ganganagar for ventilation of their grievances.
5. In case the petitioners move any such application, it is
expected from the concerned Superintendent of Police, Sri
Ganganagar to take necessary action, after verifying the facts, to
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ensure that the petitioners are not illegally hindered in enjoying a
peaceful married life and their liberty by the private respondents
who may be opposing the marriage. Thus, the petition is allowed.
6. However, it is made clear that this order shall not affect any
civil/criminal proceedings, if any, pending or arising out of the
present matter.
7. The criminal writ petition is accordingly disposed of.
(SANDEEP SHAH (VACATION JUDGE)),J
112-Taruna/-
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