Shivani And ANR v. Ut Of Chandigarh And ORS

CRM No.M-20839 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 20839 of 2016(O&M) Date of Decision: June 10 , 2016.

Shivani 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. Parvesh Kumar, 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 solemnized marriage between themselves on 07.06.2016 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 06.06.1998 and 02.02.1995, respectively. True copies of Matriculation Examination certificate of petitioner No.1 and Voter Identity Card of petitioner No.2 have been appended with the petition as Annexures P1 and P2. A copy of the Marriage Certificate and the OMKAR SINGH 2016.06.10 17:02 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-20839 of 2016 [2] photographs of the marriage are also placed on record as Annexures P3 and P4. The petitioners are stated to have submitted a representation dated nil (Annexure P5) to respondent No.2 i.e., the Senior Superintendent of Police, Chandigarh for redressal of their grievance. Notice of motion.

On the asking of the Court, Mr. D.S.Brar, Assistant Public Prosecutor, Chandigarh 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 counsel for U.T. Chandigarh.

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, Chandigarh is directed to look into and decide representation dated nil 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 10 , 2016.

JUDGE 'om'

OMKAR SINGH 2016.06.10 17:02 I attest to the accuracy and authenticity of this document Chandigarh