Bavleen Kaur Boparai And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-694-2023 Decided on : 24.01.2023 Bavleen Kaur and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Arshdeep Kaur, Advocate for the petitioner(s).

**** 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 and 3, to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. However, it is also submitted that statutory age for performing marriage for boy is 21 years, but petitioner No.2-Maninder Singh, who is aged above 20 years has performed marriage.

2.

Learned counsel for the petitioners submits that petitioner No.1 - Bavleen Kaur, aged above 24 years and petitioner No.2 - Maninder Singh, aged above 20 years, have solemnized marriage on 16.01.2023, against the wishes of their family members, arrayed as respondents No.4 and 5. 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 KAVITA NAIN 2023.01.24 14:44 I attest to the accuracy and integrity of this document order/judgment also submitted a representation dated 19.01.2023 (Annexure P-5), to

CRWP-694 -2023 - 2 - respondent No.2 - Senior Superintendent of Police, Khanna, District Ludhiana, wherein, they have expressed their apprehension. 3.

Notice of motion.

4.

On asking of the Court, Mr. J. S. Arora, DAG, Punjab, accepts notice on behalf of respondents No.1 to 3 (State). 5.

In view of the above, the present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Khanna, District Ludhiana, to look into the representation dated 19.01.2023 (Annexure P-5), 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 24, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2023.01.24 14:44 I attest to the accuracy and integrity of this document order/judgment