Aisha @ Preeti Rani And ANR. v. State Of Haryana And ORS
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Crl. Misc. No.M- 20452 of 2016(O&M) Date of Decision: June 6 , 2016.
Aisha @ Preeti Rani 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. Subhash Rana, 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 to 7 and other relatives because they have contracted marriage between themselves on 20.05.2016 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.
Petitioner No.1 is stated to have converted to Islam. She was born in the Hindu community prior to her conversion. She was married to respondent No.6 but as she was thrown out of her matrimonial home and no child having been born out of this wedlock, a Panchayat was convened in this regard. Both the parties statedly got divorce before the Panchayat. She
[2] has thereafter contracted marriage with petitioner No.2 after conversion to Islam, though against the wishes of her parents i.e., respondents No.4 and 5. Parents of petitioner No.1 as well as respondents No.6 and 7 are allegedly threatening the petitioners and the petitioners apprehend danger to their life and liberty at the hands of respondents No.4 to 7. Learned counsel further submits that despite a representation dated 22.05.2016, Annexure P4, necessary steps are not being taken by the police authorities for redressal of their grievance.
It is contended that the petitioners are major, their dates of birth being 21.08.1993 and 10.03.1983, respectively. True copies of School Leaving Certificate of petitioner No.1 and Voter Identity Card of petitioner No.2 have been appended with the petition as Annexures P1 and P2 though perusal of Voter Identity Card (Annexure P2) shows that no specific date is mentioned and only the year of birth i.e., 1983 has been mentioned. 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.
I have heard learned counsel for the petitioners. As far as the validity or otherwise of the marriage is concerned, this Court would not go into the question thereof as in this petition prayer is for protection of the life and liberty of the petitioners only. Without commenting upon the age of the petitioners or the
[3] validity of their marriage or the validity and genuineness of the certificates appended with the petition, respondent No.2 - Superintendent of Police, Mewat is directed to decide representation dated 22.05.2016 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'