Soni Kaur And ANR. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-1630-2023 Decided on : 21.02.2023 Soni Kaur and another . . . Petitioner(s)

Versus

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

Mr. J.S. Arora, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to official respondents No.1 to 3, 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 - Soni Kaur, aged 21 years and petitioner No.2 - Gurveer Singh, aged 20 years and 11 months, have solemnized marriage on 14.02.2023, against the wishes of their family members, arrayed as respondents No.4 to 6. Learned counsel for the petitioners further submits that it is the first marriage of both the petitioners. However, petitioner No.2 is not of marriageable age at present, as he will attain the marriageable age i.e. 21 years on 15.03.2023. 3.

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 16.02.2023 (Annexure P-5), which was sent through registered post on JAWALA RAM 2023.02.21 17:23 I attest to the accuracy and authenticity of this order/judgement.

CRWP-1630-2023 - 2 - 17.02.2023, to respondent No.2 - the Commissioner of Police, Ludhiana, wherein, they have expressed their apprehension. It is noticed that in the body of petition, date of representation is mentioned as 17.02.2023 (Annexure P-5), whereas, in Annexure P-5, the date of representation is mentioned as 16.02.2023. 4.

Notice of motion.

5.

On asking of the Court, Mr. J.S. Arora, DAG, Punjab, accepts notice on behalf of respondents No.1 to 3 (State). 6.

In view of the above, the present petition is disposed of with a direction to to respondent No.2 - the Commissioner of Police, Ludhiana, to look into the representation dated 16.02.2023 (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. 7.

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 February 21, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.02.21 17:23 I attest to the accuracy and authenticity of this order/judgement.