Soni Nisha And Another v. State Of U.T. Chandigarh And Others

2024:PHHC:027839

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-1820-2024 Date of Decision : February 28, 2024 SONI NISHA AND ANOTHER -PETITIONERS V/S STATE OF U.T. CHANDIGARH AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Devinder K. Rajwal, Advocate for the petitioners.

Ms. Simsi Dhir Malhotra, A.P.P., U.T. Chandigarh. *** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as filed under Article 226 of the Constitution of India, the petitioners have sought issuance of directions upon the official respondents concerned, to ensure protection of their lives and liberty at the hands of respondent No.4, and, also to restrain the said respondent from harassing the petitioners or interfering in their life. 2.

The learned counsel for the petitioners states that since both the petitioners have attained the minimum age, as prescribed by statute, for solemnizing marriage, therefore, they have lawfully solemnized their first marriage, however, it has caused grievance to the respondent no.4. Such grievance of the respondent No.4 has made them apprehensive of danger to their lives and liberty and resultantly, it has constrained them to approach this Court, to seek protection of their lives and liberty. The marriage certificate of the petitioners is available on record as Annexure DEVINDER YADAV 2024.02.29 16:39 I attest to the accuracy and authenticity of this order/judgment

CRWP-1820-2024 2024:PHHC:027839 P-3. The petitioners have also submitted a representation dated 13.02.2024 (Annexure P-4) to the respondent no.2. 3.

Notice of motion to the official respondent(s) only. 4.

On the asking of the Court, Ms. Simsi Dhir Malhotra, A.P.P., U.T. Chandigarh, accepts notice on behalf of the official respondent(s). 5.

Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, the instant petition is disposed of with a direction to respondent no.2- Senior Superintendent of Police, U.T. Chandigarh, to decide the representation (Annexure P-4) of the petitioners and grant them protection, if any threat to their lives and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order shall not be understood to have expressed any opinion whatsoever by this Court on the validity of the marriage of the petitioners.

6.

Disposed of accordingly.

(KULDEEP TIWARI) February 28, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.02.29 16:39 I attest to the accuracy and authenticity of this order/judgment