Rajasthan High Court – Jodhpur
Nirma vs State Of Rajasthan (2025:Rj-Jd:26769) on 3 June, 2025
[2025:RJ-JD:26769]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1606/2025
1. Nirma D/o Mohanlal, Aged About 20 Years, Back Side Of
Lic, Sojat, Pali (Raj.)
2. Arjun Ram S/o Durga Ram, Aged About 25 Years, Back
Side Of Ganga Ram Petrol Pump, Jai Ambe Coloney,
Sojat, Dist. Pali (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Govt. Of Rajasthan, Jaipur. (Raj.)
2. Inspector General Of Police Pali, Pali Range. (Raj.)
3. Superintendent Of Police Pali, Dist. Pali (Raj.)
4. Sho Of Sojat City, Police Station Dist. Pali (Raj.)
5. Mohan Lal Dewasi, Back Side Of Lic, Sojat, Pali (Raj.)
6. Sonu Devi Alias Soniya Devi W/o Mohan Lal, Back Side Of
Lic, Sojat, Pali (Raj.)
7. Mahendra S/o Mohan Lal, Back Side Of Lic, Sojat, Pali
(Raj.)
8. Moti Ram S/o Bhikaram, P.s. Sojat City, Pali (Raj.)
9. Shesharam S/o Ruparam, P.s. Sojat City, Dist. Pali (Raj.)
----Respondents
For Petitioner(s) : Mr. Kuldeep Bishnoi
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)
Order
03/06/2025
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.5 to 9.
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, Pali for
ventilation of their grievances.
5. In case the petitioners move any such application, it is
expected from the concerned Superintendent of Police, Pali to take
necessary action, after verifying the facts, to ensure that the
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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
124-charul/-
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