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    Smt Pinki Mali v. The State Of Madhya Pradesh

    IN THE HIGH COURT OF MADHYA PRADESH

    AT GWALIOR

    BEFORE

    HON'BLE SHRI JUSTICE VIVEK JAIN ON THE 30thOF DECEMBER, 2024 WRIT PETITION No. 41419 of 2024

    SMT PINKI MALI AND OTHERS

    Versus

    THE STATE OF MADHYA PRADESH AND OTHERS

    Appearance:

    Shri Nitin Goyal - advocate for the petitioners. Shri Man Singh Jadon -Govt. Advocate for the respondent/State.

    ORDER

    This present petition under Article 226 of the Constitution of India, has been filed for protection of life and liberty of the petitioners. It is case of the petitioners that they have entered into marriage out of their own volition and consent. Both the petitioners are major and took decision to marry each other. The marriage is stated to be solemnized on 06/12/2024. It is submitted by learned counsel for the petitioners that respondent No.4 who is father of petitioner No.1 is objecting to said marriage and therefore, petitioners apprehend threat to their life and liberty at the hands of family members of petitioner No.1 as well as petitioner No.2. Learned counsel for the petitioner has relied on the judgment of Hon'ble Apex Court in Lata Singh Vs State of U.P. and another (2006) 5 SCC 475 and in the case of Shakti Vahini VS Union of India and others 2018(7) SCC

    192.

    1

    (VIVEK JAIN)

    V. JUDGE

    Learned counsel for the State submits that in case petitioners approach, respondent No.2 and 3 shall look into the matter and and take suitable action, if required.

    Taking into account the submissions made by counsel for the parties and controversy involved in the matter, this writ petition is disposed of directing respondent Nos. 2 and 3 to look into the grievance raised by the petitioners in the representations (Annexure P/3). Respondent No.2 and 3 shall examine said representation and after verifying the factum of age and marriage of the petitioners, shall take suitable action in the matter in accordance with law in view of the law laid down in the case of Lata Singh Vs State of U.P. and Shakti Vahini Vs. Union of India and others (Supra). This order will be effective only if the petitioners are able to satisfy respondents Nos. 2 and 3 about petitioners not having attained age of majority.

    It is made clear that this court has not expressed any opinion on the merits in respect to validity of marriage of the petitioners. With the aforesaid directions, writ petition stands disposed of. ar

    2

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    Smt Pinki Mali v. The State Of Madhya Pradesh
    (Dec 30, 2024)