Vinod Kumar & ANR v. State Of Haryana And ORS

CRM-M-18110-2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18110-2017 iDate of Decision: May 19, 2017 Vinod Kumar and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH

Present:

Mr. R.K.Agnihotri, Advocate for the petitioners.

*** Amol Rattan Singh, J. (Oral) The petitioners, who are present in the court, are seeking protection of their lives and liberty at the hands of respondents No.4 to 6, who are stated to be the father and other relatives of petitioner No.1, on account of the fact that they have married each other of their own free will, against the wishes of the said respondents on 15.05.2017. Photographs of what is stated to be a marriage ceremony have been annexed with the petition.

In support of proof of age of petitioner no.1, a copy of his Secondary School Education Certificate issued by the Board of School Education Haryana has been annexed with the petition, (the original of which has been produced in Court), showing his date of birth as 2.1.1989, thus making him more than 28 years of age.

As regards petitioner No.2, the identity card issued issued by the Unique Identification Authority of India (Aadhar Card) has been SUNIL DEVI 2017.05.20 13:11 I attest to the accuracy and integrity of this document

CRM-M-18110-2017 -2annexed with the petition, (the original of which has been produced in Court), showing her date of birth to be 10.8.1997, thus making her about 19 years and 9 months of age.

On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier. Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without making any comment on the validity of the marriage, this petition is disposed of with a direction to respondents No.2 and 3 to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents or at their behest. However, it is made clear that if any of the averments made in the petition is found to be incorrect, especially with regard to either the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, or with regard to their age, this order shall not be construed to be a bar on proceedings initiated as per law. (AMOL RATTAN SINGH) JUDGE May 19, 2017 Sunil Devi Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SUNIL DEVI 2017.05.20 13:11 I attest to the accuracy and integrity of this document