Hon'ble B. Amit Sthalekar, J.
I have heard Shri S.P Verma, learned counsel for the petitioners and the learned standing counsel for the State-respondents.
This writ petition has been filed by the petitioners seeking protection of the Court against harassment and interference in their matrimonial life by the respondents.
Petitioner no. 1 and petitioner no. 2 are present in person in the court and have been identified by their counsel.
It is submitted by learned counsel for the petitioners that both the petitioners are major and have married with each other out of their own free volition but some people especially their parents and relatives are not happy with their marriage and are causing disturbance in their married life with the support of the police. As per the documents filed as Annexure-1 to the writ petition, it is noticed that both the petitioners are major and adults.
This case is not different from large number of similar cases coming to this Court wherein young girl and boy claim to be adults and raise a grievance that they have married or are living with each other of their own freewill and for that, they are being threatened and harassed by parents of one or other party generally in connivance with or with support of local police.
In cases where criminal case is lodged by parents of girl alleging that she is a minor or she has been kidnapped for immoral purposes, Police has a duty to investigate the case seriously, so that no crime is committed against a young girl, but in other situation, where the girl is adult and has chosen to live as wife with another adult of her own freewill, the Police is required to give due protection and ensure that no harm is caused to such young couple only because the parents do not approve the decision of their children to marry as per their choice although the children have become adults.
Disposal of writ petition in such cases may not be construed as grant of certificate by this Court that the alleged marriage is valid and in accordance with law, but nonetheless where girl and boy are adults and they are living together of their own freewill, the Police must give due protection after making enquiry in respect of claim of their age. Once the girl and boy are found to be adults, it is the duty of the Police as well as the Civil Society to ensure that they are not put to fear of their lives or liberty.
In the present case, both the petitioners have claimed to be adults and claim to be living together of their own freewill. The writ petition is, therefore, disposed of with liberty to petitioners to approach the concerned Superintendent of Police or Senior Superintendent of Police with a certified copy of this order, so that petitioners are not threatened or tortured by any person, even if they happen to be the parents of petitioners, against law.
However, disposal of this writ petition would not mean that the police is, in any way, precluded from registering a first information report against the petitioners or any person involved in commission of an offence.
If any such first information report is lodged it would be properly investigated, in accordance with law.
It is made clear that this order is being passed under the assumption that no First Information Report has been lodged in respect to kidnapping or abduction of the girl including other offences arising out of such kidnapping or abduction. If, any such First Information Report has already been lodged against the petitioners, this order will become inoperative.