High Court of Punjab and HaryanaCRWP/1690/2022disposed of

Najma And ANR v. State Of Haryana And Others

2022-02-24Mr. Justice Harinder Singh Sidhu2 pages

CRWP No.1690 of 2022 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.1690 of 2022 Date of Decision: 24.02.2022 Najma and Anr.

......Petitioners

Versus

State of Haryana and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Talim Hussain, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Article 226 of the Constitution seeking direction to respondent Nos.1 to 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondent Nos.4 to 7.

It has been averred that the date of birth of petitioner No.1 is 25.07.2000 while date of birth of petitioner No.2 is 15.08.2001. Copies of Aadhar Cards of petitioner Nos.1 & 2 to this effect are attached as Annexures P-1 and P-2 respectively.

It has been submitted that petitioner No.1 was earlier married to one Irfan resident of Jaisingpur, Nuh and from the marriage, one child was born. Earlier husband is stated to have given oral divorce to petitioner No.1. Child is residing with petitioner No.1. The marriage of the petitioners was solemnized on 29.01.2022 as per muslim rites. The marriage Certificate is attached as Annexure P-3. Private respondent Nos.4 to 7 are opposed to the marriage, as the petitioners had performed the marriage MANOJ KUMAR 2022.02.24 15:55 I attest to the accuracy and integrity of this document

CRWP No.1690 of 2022 #2# without their consent. The petitioners have submitted representation dated 12.02.2022 (Annexure P-4) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondent. After hearing learned counsel for the petitioners and without expressing any opinion on the merits of the case or the legal status of the relationship of the petitioners, the present petition is disposed of with the direction to respondent No.2 to look into the said representation with regard to safeguarding life and liberty of the petitioners and take such action as may be necessary in accordance with law.

It is clarified that this order is limited to protection of life and liberty of the petitioners. It does not and cannot confer immunity of the petitioners from any legal action at the hands of spouse of petitioner No.1 and her rights/obligations/responsibilities arising out of her previous marriage.

February 24, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.02.24 15:55 I attest to the accuracy and integrity of this document