Simran Kaur And Another v. State Of Punjab And Others

Through video conference

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-2549-2022 (O&M).

Decided on: March 22, 2022.

Simran Kaur and another .. Petitioners

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Balwant Singh, Advocate, for the petitioners.

JASGURPREET SINGH PURI , J. (ORAL ) The present writ petition has been filed under Articles 226/227 of the Constitution of India, with a prayer for issuance of a writ in the nature of mandamus directing respondent nos. 2 and 3 to protect the life and liberty of the petitioners.

The learned counsel for the petitioner has submitted that petitioner No.1 is a lady of the age of 28 years and when she was minor of the age of 14 years, she was married to respondent No.4 against her wishes

and thereafter, petitioner no.1 on attaining the age of majority, filed a petition under Section 13 of the Hindu Marriage Act, for divorce on the ground of cruelty against respondent No.4 which is still pending. He submitted that petitioner no.1 was subjected to cruelty and therefore, she is now residing in live-in-relationship with petitioner No.2 and this relationship is not being accepted by the private respondents and are threatening that the petitioners will be killed by them. He further submitted that representations vide Annexure P-4 and P-5 were given to the police, but no action has been taken in this regard.

Notice of motion to respondents Nos.1, 2 and 3 only. Mr.Randhir Singh Thind, DAG, Punjab, accepts notice on behalf of the aforesaid respondents and states that he has no objection in case the representation of the petitioner is directed to be considered by the concerned police authorities and decided in a time bound manner and in accordance with law.

I have heard the learned counsel for the parties. The petitioners are alleging that there is threat to their life and liberty in view of the fact that petitioner no.1 was earlier married when she was minor against her wishes with respondent no.4 and thereafter, she started living with petitioner no.2 of her own will for the sole purpose of getting a shelter. This Court does not wish to go into the merits of the present case but the scope of the present petition is confined only to the protection of life and liberty of the petitioners and it does not reflect anything on the inter se relationship between the petitioners and also the

relationship between the petitioners and private respondents. In view of above, present petition is disposed of with a direction to respondent No.2 to consider the representations of the petitioners sent vide Annexures P-4 and P-5, and after assessing threat perceptions in case any further step is required then to ensure the same in accordance with law within a period of two weeks from the date of receipt of copy of the order.

March 22, 2022. (JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No