Pooja And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-2301-2023 Decided on :14.03.2023 Pooja and another . . . Petitioner(s)

Versus

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

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Virender Singh, 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 the petitioners submits that petitioner No. 1-Pooja was earlier married to one Sanjeev Kumar s/o Shri Jasmer Singh, r/o Village Ajrana Kalan, District Kurukshetra. But by way of decree of mutual divorce dated 04.07.2022 under Section 13-B of the Hindu Marriage Act, 1955, passed by the Court of learned Additional Principal Judge, (Family Court), Karnal in case No. 534 of 2021, petitioner No.

1-Pooja has separated from her first husband-Sanjeev Kumar. Thereafter, both the petitioners i.e. petitioner No.1 -Pooja, aged about 21 years and petitioner No.2 -Rajesh, aged about 33 years, decided to live together and have got married on 03.03.2023 against the wishes of their family members, arrayed as respondents No. 4 to 6. 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 nil (Annexure P-6) sent through courier on RIYA 2023.03.

CRWP-2301-2023 - 2 - 03.03.2023, to respondent No.2 - Superintendent of Police, Karnal, Haryana, wherein, they have expressed their apprehension. 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, Karnal, Haryana, to look into the representation dated nil (Annexure P-6) sent through courier on 03.03.2023, 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.

(SANJAY VASHISTH) JUDGE 14.03.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.03.14 14:42 I attest to the accuracy and integrity of this document