Surinder Kaur And ANR v. State Of Haryana And ORS

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 20450 of 2016(O&M) Date of Decision: June 6 , 2016.

Surinder Kaur 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. Deepak K.Bartia, Advocate for the petitioners.

***** LISA GILL, J.

Learned counsel for the petitioners submits that respondent No.2 is mentioned as 'Senior Superintendent of Police, District Ambala' due to an inadvertent mistake whereas, it should be 'Commissioner of Police, Ambala'. Necessary correction in the memo of parties be effected. 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 to 7 and other relatives because they have contracted marriage between themselves on 01.06.2016 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

[2] free will and volition.

It is contended that the petitioners are major, their dates of birth being 13.05.1996 and 08.11.1989, respectively. True copies of certificates of Secondary Examination of petitioner No.1 and Matriculation Examination of petitioner No.2 have been appended with the petition as Annexures P1 and P2. 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 01.06.2016 (Annexure P5) to Superintendent of Police, Ambala 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 Court, accepts notice on behalf of respondents No.1 to 3. 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 - Commissioner of Police, Ambala is directed to look into and decide representation dated 01.06.2016 submitted by petitioner No.1 and take appropriate action as may be required, 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

[3] barred due to this order.

Petition is disposed of accordingly.

( LISA GILL ) June 6 , 2016.

JUDGE 'om'