Resham Khatoon And Another v. U.T.Chandigarh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-662-2023 Decided on : 23.01.2023 Resham Khatoon and another . . . Petitioner(s)

Versus

U.T. Chandigarh and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Dr. Govinder Singh Brar, Advocate for the petitioners.

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No.2 & 3, to provide protection of lives and liberty of the petitioners, at the hands of private respondents No.4 to 7, who are against the marriage of the petitioners, because they belong to different religions. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Resham Khatoon, aged 181⁄2 years and petitioner No.2 - Deepak, aged 21 years, have solemnized marriage on 30.12.2022, against the wishes of their family members, arrayed as respondents No.4 to 7. Learned counsel for the petitioners further submits that it is the first marriage of both the petitioners. It has been submitted that the private respondents are threatening to interfere in the matrimonial life of the petitioners. Hence, the petitioners are seeking protection in that regard and have approached this Court by way of filing the instant petition. They have also submitted a representation dated 02.01.2023 (Annexure P-4), to respondent No.2 - Sr. Superintendent of Police, U.T. Chandigarh, wherein, they have expressed their apprehension. JAWALA RAM 2023.01.23 17:24 I attest to the accuracy and authenticity of this order/judgement.

3.

Notice of motion.

CRWP- -202 - 2 - 4.

On advance notice, Mr. P.S. Paul, Addl. PP, UT Chandigarh, puts in appearance and accepts notice on behalf of respondents No.1 to 3 (UT Chandigarh).

5.

In view of the above, the present petition is disposed of with a direction to respondent No.2 - Sr. Superintendent of Police, U.T. Chandigarh, to look into the representation dated 02.01.2023 (Annexure P4), qua threat perception, and if there is any substance in it, take necessary steps, in accordance with law, to ensure that the lives and liberty of the petitioners are not jeopardized at the hands of the private respondents. 6.

However, this direction will not validate the marriage said to have taken place between the parties and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

(SANJAY VASHISTH) JUDGE January 23, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.01.23 17:24 I attest to the accuracy and authenticity of this order/judgement.