High Court of Punjab and HaryanaCRWP/444/2022disposed of

Aashu Singh And Another v. State Of Haryana And Others

2022-01-18Mr. Justice Harinder Singh Sidhu2 pages

CRWP No.444 of 2022 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.444 of 2022 Date of Decision: 18.01.2022 Aashu Singh and Anr.

......Petitioners

Versus

State of Haryana and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Dr. Naresh Kaushik, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Article 226 of the Constitution seeking direction to official respondents to provide protection to the lives and liberty of the petitioners at the hands of private respondents. It has been averred that petitioner No.1 has acquired qualification of M.Com and is aged about 27 years with his date of birth being 07.04.1994 while date of birth of petitioner No.2, who is divorcee, is 01.01.1989. Copies of Aadhar Cards of petitioner Nos.1 & 2 to this effect are attached as Annexures P-1 and P-2 respectively. Petitioner No.2 obtained divorce from his first wife vide decree of divorce dated 13.08.2021 (P.5) passed by the Family Court, Saharanpur. It has been submitted that the marriage of the petitioners was solemnized on 12.01.

2022. The marriage Certificate and the photographs of marriage are attached as Annexure P-3 and Annexure P.4 (colly.) respectively. Private respondents are opposed to the marriage, as the petitioners had performed the marriage without their consent. The MANOJ KUMAR 2022.01.

CRWP No.444 of 2022 #2# petitioners have submitted representation dated 12.01.2022 (Annexure P-6) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondent.

Ms. Savita Rana, Advocate has put in appearance for respondent Nos.5 to 7, who are parents and brother of petitioner No.1 and states that respondent Nos.5 to 7 do not approve of the marriage of petitioners and that they will have no contact with the petitioners and that the apprehension of the petitioners of any danger to their life from the said respondents is unwarranted and misconceived.

After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh v. State of U.P. And another, 2006(2) SCC (Criminal) 478, the present petition is disposed of with direction to respondent No.2 to look into the said issue and take necessary action in accordance with law.

January 18, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.01.20 18:49 I attest to the accuracy and integrity of this document