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High Court of Punjab and HaryanaCRWP/41/2021disposed of

Sapna Devi And Another v. State Of Punjab And Others

2021-01-06Mr. Justice Amol Rattan Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 112) CRWP no.41 of 2021 (O&M) Date of Decision: 06.01.2021 Sapna Devi and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present:- Mr. Ankur Malik, Advocate, for the petitioners. *** Amol Rattan Singh, J. (Oral) Case heard by video conferencing.

  By this petition, the petitioners seek protection of life and liberty at the hands of respondents no.4 to 6, upon them having married each other (as contended) against the wishes of the said respondents, on 01.01.2021. On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier. He states that he has obtained specific instructions from the petitioners in that regard. Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without making any comment whatsoever on the validity of the marriage, or otherwise, this petition is disposed of with a direction to respondents no.2 and 3, to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents, or at their behest. VIKAS CHANDER 2021.01.10 14:37 I attest to the accuracy and integrity of this document

112) CRWP no.41 of 2021 (O&M) -2Since there is no firm proof of age of either of the petitioners other than their Aadhar Cards, which is actually not a firm proof of age, respondents no.2 and 3 are also directed to determine from the parental village of petitioner no.1 in District Karnal, Haryana, her exact date of birth, and if she is found to be below legally marriageable age (18 years in case of females), naturally this order shall not be construed as an bar on any proceedings initiated under the provisions of the Child Prohibition Act, 2006, offences committed under the provisions of that Act being cognizable in terms of Section 15 thereof. Further, it is made clear that if any of the averments made in the petition is found to be incorrect, specifically with regard to either the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, this order shall not be construed to be a bar on proceedings initiated as per law.

      

 

              

     

           VIKAS CHANDER 2021.01.10 14:37 I attest to the accuracy and integrity of this document