Hyder Ali And ANR v. State Of Punjab And ORS

CRM No.M-20662 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 20662 of 2016(O&M) Date of Decision: June 7 , 2016.

Hyder Ali and another ...... PETITIONER (s)

Versus

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

Present:

Petitioners in person with Mr. Madan Sandhu, Advocate for Mr. Nirbhay Garg, 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 03.06.2016 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 free will and volition.

It is contended that the petitioners are major, their dates of birth being 08.11.1991 and 01.01.1997, respectively. True copies of Adhaar Cards of both the petitioners have been appended with the petition as Annexures P1 and P2. A copy of the Marriage Certificate and the OMKAR SINGH 2016.06.07 18:04 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-20662 of 2016 [2] photographs of the marriage are also placed on record as Annexures P4 and P5. The petitioners are stated to have submitted a representation dated 03.06.2016 (Annexure P6) to respondent No.2 i.e., the Senior Superintendent of Police, Sangrur for redressal of their grievance. Notice of motion to the Advocate General, Punjab. On the asking of the Court, Mr. Ankur Jain, Assistant Advocate General, Punjab 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 - Senior Superintendent of Police, Sangrur is directed to look into and decide representation dated 03.06.2016 submitted by the petitioners 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 barred due to this order.

Petition is disposed of accordingly.

( LISA GILL ) June 7 , 2016.

JUDGE 'om'

OMKAR SINGH 2016.06.07 18:04 I attest to the accuracy and authenticity of this document Chandigarh