High Court of Punjab and HaryanaCRM-M/11192/2019allowed

Rekha And ANR. v. State Of Ut, Chandigarh And ORS.

2019-03-12Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-11192 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11192 of 2019 Date of Decision: 12.03.2019 Rekha and Anr.

....Petitioners

Versus

State of UT, Chandigarh and Ors.

....Respondent

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. M.N. Jajoria, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Section 482 Cr.P.C. seeking direction to respondent Nos.1 to 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondent Nos.4 to 8. It has been averred that the date of birth of petitioner No.1 is 01.01.1984 while date of birth of petitioner No.2 is 01.01.1980. Copies of PAN Card of petitioner No.1 and Aadhar Card of petitioner No.2 to this effect are attached as Annexures P-1 and P-2 respectively. It has been submitted that the marriage of the petitioners was solemnized on 05.03.2019 according to hindu rites at Sri Balaji Jyotish (Kender) Mandir, Mata Mansa Devi Market Sector 4, Panchkula. The photographs of marriage and marriage Certificate are attached as Annexure P-3(colly.)

and Annexure P.4 respectively. Private respondent Nos.4 to 8 are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 06.03.2019 (Annexure P-5) to respondent No.2 seeking protection of their MANOJ KUMAR 2019.03.

CRM-M-11192 of 2019 #2# lives and liberty at the hands of the private respondent. Notice of motion.

On the asking of the Court, Sh. Lalit K Gupta, Addl.P.P, UT, Chandigarh, who is present in Court accepts notice on behalf of respondentUT, Chandigarh. After hearing counsel for the parties and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh v. State of U.P. And another, 2006(2) SCC (Criminal) 478, the present petition is disposed of with direction to respondent No.2 to look into the said issue and take necessary action in accordance with law.

March 12, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.03.12 17:09 I attest to the accuracy and integrity of this document