Marriage Protection Nainital High Court 9999423333

Marriage Protection Nainital High Court

The Nanital High Court has refused to grant police protection to a live-in couple on the ground that one of them is married to another person and the marriage has not been dissolved by any competent court as on date. The couple had approached
Nainital High Court: In a case of inter-caste marriage, the Court directed the  Senior Superintendent of Police concerned to provide necessary and immediate protection to the couple if anyone disturbs their peaceful living.

The petitioners approached the Court seeking a writ of Mandamus in order to prevent the respondents from interfering in their peaceful married life. The petitioners are adults and married each other of their own free will but they have been harassed for that.

The Court accepted the precedent set in previous cases and observed that if the persons getting married are major and are marrying of their own free will then the parents of such persons can only cut them off socially. They have no right to harass or commit violence. There is no ‘honour’ to be found in ‘honour killing’. Therefore any person involved in such acts shall be sternly prosecuted. The Court further directed the petitioners to register their marriage under the Special Marriage Act, 1954.

Marriage Protection Nainital High Court

When a married couple claim before the Hon’ble High Court to be adult and married to each other of their own freewill, and for that they are being threatened and harassed or they will be threaten and harass by society or parents of one or other party generally in connivance with or with support of local police,  after considering the claim the Hon’ble High Court can deliver an order with the direction that husband and wife are at liberty to live together, no person  shall be permitted to interfere in their peaceful living, and  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, and when the petitioners approach the Senior Superintendent of Police or Superintendent of Police with a certified copy of order, so that petitioners are not threatened or tortured by any person, even if they happen to be the parents of petitioners, against law.

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