Shikha Sharma And ANR. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-1904-2023 Decided on : 01.03.2023 Shikha Sharma and another . . . Petitioner(s)

Versus

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

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No.1 to 3, to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. Learned Counsel for the petitioners submits that petitioner No.2-Satnam Singh was earlier married to one Beena d/o Bihari Lal r/o Village Husnar, who expired on 24.04.2022. Out of said wedlock, two children were born, who are now staying with the petitioners. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Shikha Sharma, aged about 47 years and petitioner No.2 - Satnam Singh, aged about 43 years, have solemnized marriage on 18.02.2023, against the wishes of their family members, arrayed as respondents No.4 to 7. Learned counsel for the petitioners further submits that it is the first marriage of petitioner No.1. It has been submitted that 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 JAWALA RAM 2023.03.01 17:31 I attest to the accuracy and authenticity of this order/judgement.

CRWP- -2023 - 2 - Court by way of filing the instant petition. They have also submitted a representation dated 21.02.2023 (Annexure P-5), to respondent No.2 - Senior Superintendent of Police, Muktsar Sahib, wherein, they have expressed their apprehension. Counsel also submits that inadvertently date has been typed as 22.02.2023, instead of 21.02.2023. 3.

Notice of motion.

4.

On asking of the Court, Mr. Anmol Singh Sandhu, AAG, Punjab, accepts notice on behalf of respondents No.1 to 3 (State). 5.

In view of the above, the present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Muktsar Sahib, to look into the representation dated 21.02.2023 (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. However, factum of death of first wife of petitioner No.2Satnam Singh would also be got confirmed. 6.

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 March 01, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.03.01 17:31 I attest to the accuracy and authenticity of this order/judgement.