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High Court of Punjab and HaryanaCRWP/1633/2023disposed of

Khushboo And Another v. Ut Chandigarh And Others

2023-02-24Mr. Justice Sanjay Vashisth2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-1633-2023 Decided on : 24.02.2023 Khushboo and another . . . Petitioner(s)

Versus

Union Territory Chandigarh and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Amit Kashyap, Advocate for the petitioner(s).

Mr. Shashank Bhandari, Addl. PP, UT Chandigarh. **** SANJAY VASHISTH , J. (Oral) Order dated 21.02.2023, says as under:- "By way of filing this petition, petitioners seek necessary protection of their lives and personal liberty in view of the fact that they have not solemnized their marriage so far and are living in a live-in relationship and are under eminent threat at the hands of respondents No.4 & 5.

Counsel for the petitioners submits that both the petitoiners are major and are living in a live-in relationship. Notice of motion.

On advance notice, Mr. Shashank Bhandari, Addl. PP, UT Chandigarh, puts in appearance on behalf of respondents No.1 to 3 - (UT Chandigarh), and submits that as per verification done by the police, both the petitioners are not residing at the given address i.e. H.No.38, Raipur Kalan, Chandigarh. Still from the address of parents of petitioner No.1, as mentioned in memo of parties, it is clear that they are residents of Panchkula.

Counsel for the petitioners prays an adjournment to address arguments.

Adjourned to 24.02.2023.

On or before the next date of hearing, counsel for the JAWALA RAM 2023.02.24 18:39 I attest to the accuracy and authenticity of this order/judgement.

CRWP-1633-2023 - 2 - petitioners would confirm the correct address where the petitioners are residing."

Still, Mr. Amit Kashyap, counsel for the petitioners insists that the verification done by the UT Police, is incorrect, and he is ready to file an affidavit to the effect that petitioners are residents of House No.38, Raipur Kalan, Chandigarh.

Be that as it may, petitioners would be at liberty to express their apprehension afresh in writing to the SHO, Police Station of the area within a period of one week from today, where petitioners are at presently residing, and would express their apprehension from whom their lives and liberty are at stake.

Thereupon, concerned SHO would examine the same and also the fact of their residence i.e. whether the residence of the petitioners is within the jurisdiction of UT Chandigarh or not ? In case, it is confirmed that the UT Police can ensure security of their lives and personal liberty, same would be provided in accordance with law. The aforesaid order is being passed at this stage without meaning anything on the status of the parties on the basis of live-in relationship and age of petitioners. The SHO concerned would consider and pass necessary order without being influenced by any statement of fact recorded herein-above.

Petition stands disposed of accordingly.

(SANJAY VASHISTH) JUDGE February 24, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.02.24 18:39 I attest to the accuracy and authenticity of this order/judgement.