Manisha Devi And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 28.01.2022 Manisha Devi and Another .....Petitioner(s)

VERSUS

State of Punjab and Others .....Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Mandeep Kumar Dhot, Advocate for the petitioners. Mr. H.S. Multani, AAG Punjab.

ALKA SARIN, J. (ORAL) Heard in virtual mode.

Prayer in the present petition under Article 226 of the Constitution of India is for issuance of directions to the official respondent Nos.2 and 3 to provide protection of life and liberty of the petitioners at the hands of private respondent Nos.4 to 7.

As per the averments made in the present petition, both the petitioners are major. The date of birth of petitioner No.1 is 11.10.2001 and as on date she is aged about 20 years and 03 months and the date of birth of petitioner No.2 is 26.11.1997 and he is aged about 23 years. Copies of their Aadhaar Cards have been appended as Annexures P-1 and P-2, respectively. It has further been averred in the petition, which is supported by a joint affidavit of both the petitioners, that petitioner No.1 was previously not married, however, petitioner No.2 was previously married but is now

-2divorced. Learned counsel for the petitioners has made a categoric statement that there are no children out of the previous marriage of petitioner No.2. Learned counsel for the petitioners would contend that the petitioners are both in a live-in-relationship and since they belong to different castes, neither any Priest nor any Maulvi was ready to solemnize their marriage. He would further contend that the petitioners are stated to be receiving serious threats and apprehend grave danger to their life and liberty at the hands of the private respondents as they are against the live-inrelationship of the petitioners. In this regard, the petitioners have also sent a representation dated 20.01.2022 (Annexure P-3) to the Senior Superintendent of Police, Sangrur - respondent No.2 - for providing adequate security.

However, no action has been taken till date. The counsel for the petitioners 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 said representation in accordance with law. Notice of motion.

On the asking of the Court, Mr. H.S. Multani, AAG Punjab accepts notice on behalf of respondent Nos.1 to 3-State. Since the matter is not being decided on merits, the service on other respondents is dispensed with.

Heard learned counsel for the parties.

Without expressing any opinion with regard to the veracity of the contents of the petition and the submissions made by learned counsel for the petitioners, the present petition is disposed off with a direction to the Senior Superintendent of Police, Sangrur - respondent No.2 - to decide the

-3- representation dated 20.01.2022 (Annexure P-3) and take necessary action as per law.

It is, however, made clear that this order shall not, in any manner, be construed as an expression of opinion on the veracity of the statement made by the petitioners or on the validity of the live-inrelationship and shall have no effect on any other civil or criminal proceedings, if any, instituted/pending against them. Disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 28.01.2022 Yogesh Sharma