Nasima And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-817-2023 Decided on : 30.01.2023 Nasima and another . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Anjali, Advocate for Mr. Satish Chaudhary, Advocate for the petitioner(s).

Mr. Vikas Bhardwaj, AAG, Haryana.

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to the official respondents, to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents.

2.

Learned counsel for the petitioners submits that petitioner No.1 - Nasima, aged 18 years and petitioner No.2 - Asif, aged 21 years, have performed Nikah on 13.01.2023, against the wishes of their family members, arrayed as respondents No.4 & 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 also submitted a representation dated 20.01.2023 (Annexure P-4), which was sent through registered post on 25.01.2023, to respondent No.2 - Superintendent of Police, Nuh, wherein, they have JAWALA RAM 2023.01.30 17:22 I attest to the accuracy and authenticity of this order/judgement.

CRWP-817-2023 - 2 - expressed their apprehension.

3.

Notice of motion.

4.

On asking of the Court, Mr. Vfikas Bhardwaj, AAG, Haryana, 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 - Superintendent of Police, Nuh, to look into the representation dated 20.01.2023 (Annexure P-4), 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 30, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.01.30 17:22 I attest to the accuracy and authenticity of this order/judgement.