Marjina And ANR. v. State Of Ut Chd. And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-1867-2023 Decided on :28.02.2023 Marjina and another . . . Petitioner(s)

Versus

State of U.T. Chandigarh and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Afjal Hussain, Advocate 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. 2 and 3 to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. Learned counsel for petitioners submits that petitioner No.1 - Marjina, aged 24 years, and petitioner No.2 - Ramjan Khan, aged 37 years, have performed Nikah on 19.02.2023 against the wishes of their family members, arrayed as respondent No. 4. It is first marriage of both the petitioners. It has been further submitted that private respondent is threatening to interfere in the matrimonial life of petitioners. Hence, petitioners are seeking protection in that regard and have approached this Court by way of filing the instant petition. They have also submitted a representation dated 20.02.2023 (Annexure P-4), to respondent No.2 - Senior Superintendent of Police, U.T. Chandigarh, wherein, they have expressed their apprehension.

Notice of motion.

JAWALA RAM 2023.02.28 17:38 I attest to the accuracy and authenticity of this order/judgement.

CRWP-1867-2023 - 2 - On advance notice, Shashank Bhandari, Addl. P.P., U. T., Chandigarh, appears and accepts notice on behalf of respondent Nos. 1 to 3 (State).

In view of the above, present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, U.T. Chandigarh, to look into the representation dated 20.02.2023 (Annexure P4), qua threat perception and if there is any substance in it, take necessary steps, in accordance with law, to ensure that lives and liberty of petitioners, is not jeopardized at the hands of the private respondent. 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 28.02.2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.02.28 17:38 I attest to the accuracy and authenticity of this order/judgement.