Ramandeep Kaur And ANR v. State Of Punjab And ORS

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 12364 of 2017(O&M) Date of Decision: April 7 , 2017.

Ramandeep Kaur and another ...... PETITIONER (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Petitioners in person with Mr. Karanjeet Singh Brar, Advocate for the petitioners.

***** LISA GILL, J.

The present petition has been filed by the petitioners for protection of their life and liberty as they apprehend danger at the hands of respondents No.4 to 6 and other relatives because they have married each other on 06.04.2017 against the wishes of the said respondents. Both the petitioners are present in Court and on being asked submit that they have solemnized marriage between themselves out of their own free will and volition. It is contended that the petitioners are major, their dates of birth being 23.03.1980 and 09.08.1985, respectively. True copies of Matriculation Certificate of petitioner No.1 and Adhaar Card of petitioner No.2 have been appended with the petition as Annexures P1 and P2. A copy of the Marriage Certificate and the photographs of the marriage are also placed on record as

[2] Annexures P3 and P4. Petitioner No.1 is stated to have obtained divorce from her first husband. Reference is made to an undated statement of petitioner No.1 in this respect before a Panchayat. There is no valid decree of divorce on the file of this case.

Be that as it may, the petitioners seek protection of their life and liberty. The question of validity of their marriage or the validity of the alleged divorce obtained by petitioner No.1 is not a matter of adjudication of this case. It is submitted that the petitioners have submitted a representation dated 06.04.2017 (Annexure P5) to respondent No.2 i.e., the Senior Superintendent of Police, Tarn Taran for redressal of their grievance but no action has been taken thereon.

Notice of motion to the Advocate General, Punjab. On the asking of the Court, Mr. K.D.Sachdeva, Additional Advocate General, Punjab accepts notice on behalf of respondents No.1 to 3. A copy of the petition has been handed over to learned counsel for the State. Without commenting upon the age of the petitioners or the validity of their marriage or the validity of the divorce, if any, obtained by petitioner No.1 or the validity and genuineness of the certificates appended with the petition, respondent No.2 - Senior Superintendent of Police, Tarn Taran is directed to decide representation dated 06.04.2017 submitted by the petitioners and take appropriate action keeping in view the threat perception to the petitioners.

It is, however, made clear that this order shall have no effect on the validity of the alleged marriage of the petitioners and neither will any other

[3] civil or criminal proceedings initiated against the petitioners be barred due to this order.

Petition is disposed of accordingly.

( LISA GILL ) April 7 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No