Mandeep Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.699 of 2021 (O&M) DATE OF DECISION: 22.01.2021 Mandeep Kaur .....Petitioner versus State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. K.S. Brar, Advocate for the petitioner ..

ALKA SARIN, J. (Oral):

Heard through video conferencing.

This is a petition under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondent Nos.1 to 3 to protect the life and liberty of the petitioner.

Learned counsel for the petitioner would contend that the petitioner is a major and she wanted to go abroad for studies. She is a Graduate and has also obtained 6.5 bands in IELTS exam. However, respondent Nos.4 to 6, who are her father and brothers, forced her to marry respondent No.9 on 12.12.2020. It is the further contention that respondent No.9 started beating the petitioner and forcing her to go abroad with him. The learned counsel would further contend that the petitioner has since left her house and that she does not want to live with respondent No.9. However, she is receiving threats and apprehends danger to her life and liberty at the hands of respondent

CRWP No.699 of 2021 -2Nos.4 to 10. She is also stated to have given a representation dated 20.01.2021 (Annexure P-2) in this regard to the Senior Superintendent of Police, Ferozepur. However, no action has been taken. Learned counsel for the petitioner would further contend that he limits his prayer in the present petition and would be satisfied at this stage if directions are issued for deciding the representation dated 20.01.2021 (Annexure P-2) in accordance with law in a time-bound manner.

Notice of motion.

On the asking of the Court, Mr. Ramandeep Sandhu, Senior Deputy Advocate General, Punjab has joined the session through video conferencing and accepts notice on behalf of the respondent-State. Since the matter is not being decided on merits, the service on other respondents is dispensed with.

The petitioner in the present case is a major who has averred in her petition that she has been forcibly married to respondent No.9 and now she has run away from her house. The petitioner apprehends danger to her life and liberty at the hands of the private respondent Nos.4 to 10. In view of the limited prayer made by the petitioner, the present petition is disposed off with a direction to the Senior Superintendent of Police, Ferozepur (respondent No.2) to decide the representation dated 20.01.2021 (Annexure P-2) and take action as per law within a period of 15 days from the receipt of certified copy of this order.

CRWP No.699 of 2021 -3It is, however, made clear that this order shall not, in any manner, be construed as an expression of opinion on the veracity of the contents of the present petition and shall have no effect on any other civil or criminal proceedings, if any, instituted/pending against either of the parties.

(ALKA SARIN) JUDGE 22.01.2021 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO