Ravi Kumar And Another v. State Of Punjab And Others

2024:PHHC:027922

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-1852-2024 Date of Decision: 28.02.2024 Ravi Kumar & another

...Petitioners

Versus

State of Punjab & others

...Respondents

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Nirmal Singh, Advocate, for the petitioners. GURVINDER SINGH GILL, J. (Oral) The petitioners have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents having married against the wishes of their families. Notice of motion.

At this stage, Mr. Ritesh Tomar, Advocate, has put in appearance on behalf of respondents No.4 to 7 and filed his vakalatnama, which is taken on record. Learned counsel representing respondents No.4 to 7 has submitted that as a matter of fact both the petitioners are within the 'prohibited degree of relationship' and as such, their marriage cannot be said to be a valid marriage.

Having heard learned counsel for the petitioners as well as learned counsel representing respondents No.4 to 7 and without VIMAL KUMAR 2024.02.28 17:25 I attest to the accuracy and integrity of this document

CRWP-1852-2024 -2commenting anything as regards the veracity of the averments made in the petition and also as regards the validity of their alleged marriage or age, the petition is disposed of with a direction to respondent No.2 i.e. Senior Superintendent of Police, Patiala to look into the matter and to dispose of the representation dated 24.02.2024 (Annexure P-5) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

It is, however, clarified that the aforesaid order, by no stretch of imagination, is to be treated as any kind of expression as regards the validity of marriage or age of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.

Needless to mention, it shall be open to the private respondents to have recourse to legal remedies, as may be available to them, to get the marriage of the petitioners declared void. A copy of this order alongwith copy of the representation dated 24.02.2024 be sent to Senior Superintendent of Police, Patiala (respondent No.2), so as to enable him to do the needful expeditiously. 28.02.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.02.28 17:25 I attest to the accuracy and integrity of this document