Kamlesh And ANR. v. State Of Haryana And ORS

CRM No.M-20430 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 20430 of 2016(O&M) Date of Decision: June 6 , 2016.

Kamlesh and another ...... PETITIONER (s)

Versus

State of Haryana and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Petitioners in person with Mr. Ajay Sharma, Advocate for the petitioners.

***** LISA GILL, J.

Present petition has been filed by the petitioners for protection of their life and liberty as they apprehend danger at the hands of respondents No.4 and 5 and other relatives because they have contracted marriage between themselves on 28.05.2016 against the wishes of the said respondents. Both the petitioners are present in Court and on being asked submit that they have contracted marriage between themselves out of their free will and volition. The parents of petitioner No.1 are not agreeable to the marriage, same being an inter-caste marriage. Both the petitioners are stated to be working together at NIIT, Parwanoo. It is contended that the petitioners are major, their dates of birth being 27.07.1990 and 21.04.1986, respectively. True copies of Adhaar Cards of both the petitioners have been appended with the petition as Annexures P1 and P2 though perusal of Adhaar Card of petitioner No.2 OMKAR SINGH 2016.06.06 17:05 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-20430 of 2016 [2] (Annexure P2) shows that no specific date is mentioned and only the year of birth i.e., 1986 has been mentioned. A copy of the Marriage Certificate and the photographs of the marriage are also placed on record as Annexures P3 and P4. The petitioners are stated to have submitted a representation dated 28.05.2016 (Annexure P5) to respondent No.2 i.e., the Superintendent of Police, Panchkula for redressal of their grievance. Notice of motion to the Advocate General, Haryana. On the asking of the Court, Mr. Anmol Malik, Assistant Advocate General, Haryana who is present in the Court, accepts notice on behalf of respondents No.1 to 3. Two copies of the petition have been handed over to learned State counsel.

Without commenting upon the age of the petitioners or the validity of their marriage or the validity and genuineness of the certificates appended with the petition, respondent No.2 - Superintendent of Police, Panchkula is directed to decide representation dated 28.05.2016 submitted by the petitioners and take appropriate action keeping in view the threat perception to the petitioners.

It is, however, made clear that this order shall have no effect on the validity of the alleged marriage of the petitioners and neither will any other civil or criminal proceedings initiated against the petitioners be barred due to this order.

Petition is disposed of accordingly.

( LISA GILL ) June 6 , 2016.

JUDGE 'om'

OMKAR SINGH 2016.06.06 17:05 I attest to the accuracy and authenticity of this document Chandigarh