✦ High Court of India · 25 Mar 2025

High Court · 2025

Case Details High Court of India · 25 Mar 2025
Court
High Court of India
Decided
25 Mar 2025
Bench
Not available
Length
1,278 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 to 6 particularly the respondent 5 and 6 in not providing Police protection to the petitioners from the hands of the unofficial respondents 7 and 8 for threatening and harassment, or harm from the unofficial respondents who are opposing the t laMul marriage on 181112023 of the petitioners is illegal, arbitrary, contrary to law and affecting personal liberty and consequently direct the respondents 2 to 6 to provide police protection to the petitioners to lead their marital life and liberty. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to Direct the respondents 2 to 6 not to interfere with the marital life and liberty of the petitioners lawful marriage on 181112023 on the influence of the respondents 7 and 8 by providing police protection to the petitioners to lead marital life and liberty of the petitioners pending disposal of the writ petition. Counsel for the Petitioners: SRt VANKDOTH NAVEEN NAYAK RAJ Counsel forthe Respondent Nos.1 TO 6: SRI G.ANIKETH REDDY, AGp FOR Counsel for the Respondent Nos.7 & 8: SMT. B.MADHAVI HOME The Court made the following: ORDER I 7 THE HON'BLE SRI JUSTICE T. VINOD KUMAR Petition No. 34542 of ORDER: Heard learned counsel for the petitioners, Sri G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.l to 6, and Smt.B.Madhavi, learned counsel appearlng for respondent Nos.7 and 8 and perused the record.

2. Shorn of unnecessary details, the case of the petitioners, in brief, is that being majors, they performed the marrlage under the Special Marriage Act, 1954 on 18.01.2023 and have been living separately.

3. It is the further case of the petitioners that though the petitioners are living separately, respondent Nos.7 and B, who are father and mother of the 2nd petitioner, are making threatening calls to the petitioners since December, 2024, wlth the help of the 5th respondent, and are thus, interfering with the peaceful life and liberty of the petitioners. Petitioners fufther contend that in spite of they approaching the 5th respondent authority and submitting a representation on 05.12.2024 seeking for police protection, no action is taken, and on the other hand, the unofficial respondent Nos.7 and B are interfering in their matrimonial life, due to inaction on the part of the respondents-authorities. -4 2

4. Learned Assistant Government pleader for Home appearing on behalf of respondent Nos.1 to 6, on the other hand, has placed before the written instructions dt.19.03.2025 under the signature of the 6n .respondent.

5. By the written instructions, it is stated that the 2nd petitioner herein had sent a letter dt.05.12.2204 by registered post to the 5h respondent requesting to provide police protection to them and her in-laws.

6. By the written instructions, it is further stated that since the respondents-a uthorities could not provide protection to the petitioners without Court order, in order to ensure that no harm is caused to the petitioners, the 5h respondent authority has put a point Book near the petitioners' house for visiting of patrolling staff or any other official.

7. By the written instructions, it is further stated that on the 5s respondent keeping the point book at the house of the petitioners on

70.L2.2024, the officials of the respondents-authorities made visits to the petitioners' house on various dates noted in the book including the last visit on 19.03.2025.

8. Learned Assistant Government pleader on the basis of written instructions would further submit that on 28.11.2024, the 5h respondent received a petition from the 7th respondent; that on receiving the said \ petition, the Jthorities made GD entry and called the petitioners to the I -7 3 police station. However, as the petitioners were not willing to speak to the 7n respondent, the respondents-authorities have advised the 7h respondent to not to call the petitioners again to the police station'

9. By the written instructions, it is also stated that in the event of th'e 5th respondent receiving any specific complaint from the petitioners, \ necessary action would be taken.

10. Learned counsel appearing for respondent Nos'7 and 8 submits that since the 2nd petitioner has performed marriage with the 1$ petitioner on 18.01.2023, and have been living separately since then, the respondents are not involving themselves in the matrimonial life of the ls and 2nd petitioners.

11. The aforesaid submissions made by the learned Assistant Government Pleader and learned counsel appearing for respondent Nos'7 and B are taken on record.

12. Having regard to the submissions made as above, since the respondents-authorities have now informed this court of the authorities opening a point book at the petitioners house to record the frequent visits of the concerned during their regular check, this Court is of the view that the respondents-authorities are directed to maintain the point book for a further period of six months to assess the threat perception and take further action thereafter. 4

13. Subject to above direction and observation, the Writ Petition is disposed of. No order as to costs. t4. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. so/-v. A DEPUTY REGI RAR //TRUE COPY// t SEt]TION OFFTCER 1. The Principal Secretary, Department of Home Affairs' Secretariat' Hyderabad' ,. ?At"r?1":iJ?B;1for or Police-,Lakdikapur Rd' Red Hills' Natnparrv' . +* Z:l'Si J.?ifl:?'"? ?; f"ti:f i;nti N as a r Bash ee rb as h Rd' Hvd e ra bad' - H'.1it"Xt**t*'n1'on".. of Police' Dabeerpura PS' 't st floor Hvderabad' t +f;5BYrTS ,nspector of Police (SHo)' " ti"' j; gl' .;vo;9 oagt 6. The Sub- lnspector ( , e'*"lt * *1"rfl ilkt'3f 8'fi EN l$YlrrA J' Ad vo cate Io P u cl 8. Two cCs to GP roriYdruie"iiig[dourt tor. tne State of Telansana' at ^yE 9. Two CD CoPies Station, Azam pu ra, Mara kpet' Police station' Azampura' ;;,g3yilirt"t333fu HYderabad. [OUl-l ^clraderghat "rice To PSK. LS N- HIGH COURT DATED:2510312025 ORDER WP.No.34542 ot 2024 ,, o\t / .,' ^/6 L 3 0 APfl 2025 a 1)Fspnl rJ aEo t DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ 4

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