Karamjeet Kaur And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-2159-2023 Decided on :13.03.2023 Karamjeet Kaur and another . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. S. K. Biriwal, 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 - Karamjeet Kaur, aged about 18 years and petitioner No.2 -Gursewak Singh, aged about 29 years, have got married on 28.02.2023 against the wishes of their family members, arrayed as respondents No. 4 to 9. It is first marriage of both the petitioners. It has been further submitted that private respondents are 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 01.03.2023 (Annexure P-4), to respondent No.2 - Superintendent of Police, Kurukshetra, Haryana, wherein, they have expressed their apprehension.

Learned counsel for the petitioners further submits that petitioner No. 2 was earlier married to one Paramjeet Kaur, who died on 16.01.2023 and factum of death of first wife of petitioner No. 2 can be confirmed from the death certificate dated 18.01.2023 issued by Registrar RIYA 2023.03.13 17:06 I attest to the accuracy and integrity of this document

CRWP-2159-2023 - 2 - (Birth and Death), Municipality Kaithal .

Notice of motion.

On advance notice, Mr. Vikas Bhardwaj, AAG, Haryana, who is present in the Court, 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 - Superintendent of Police, Kurukshetra, Haryana,, to look into the representation dated 01.03.2023 (Annexure P-4), 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 the petitioners, is not jeopardized at the hands of the private respondents. 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.

Respondent No. 2- Senior Superintendent of Police, Kurukshetra, Haryana, would also ensure the authenticity of factum of death of first wife of petitioner No. 2 as recorded hereabove. (SANJAY VASHISTH) JUDGE 13.03.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.03.13 17:06 I attest to the accuracy and integrity of this document