High Court of Punjab and HaryanaCRWP/2617/2022allowed

Sandeep Kaur And ANR v. State Of Punjab And Others

2022-03-24Mr. Justice Harinder Singh Sidhu2 pages

CRWP No.2617 of 2022 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.2617 of 2022 Date of Decision: 24.03.2022 Sandeep Kaur and Anr.

......Petitioners

Versus

State of Punjab and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Mukesh K Sharma, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Article 226 of the Constitution seeking direction to respondent Nos.2 & 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondent No.4.

It has been averred that the date of birth of petitioner No.1 is 30.07.1982 while date of birth of petitioner No.2 is 23.08.1984. Copies of Aadhar Cards of petitioner Nos.1 & 2 to this effect are attached as Annexures P-1 and P-2 respectively.

It has been submitted that petitioner No.1 was earlier married to someone and is having a daughter from her first marriage. Their marriage was dissolved vide decree of divorce dated 10.12.2021. The daughter is residing with petitioner No.1. The marriage of the petitioners was solemnized on 21.03.2022. The photographs of marriage as well as marriage Certificate are attached as Annexure P-4 (colly) and P.5 respectively. Private respondent No.4 is opposed to the marriage, as the petitioners had MANOJ KUMAR 2022.03.28 11:07 I attest to the accuracy and integrity of this document

CRWP No.2617 of 2022 #2# performed the marriage without their consent. The petitioners have submitted representation dated 21.03.2022 (Annexure P-6) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondent.

After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh v. State of U.P. And another, 2006(2) SCC (Criminal) 478, the present petition is disposed of with direction to respondent No.2 to look into the said issue and take necessary action in accordance with law.

March 24, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.03.28 11:07 I attest to the accuracy and integrity of this document