Sakshi And ANR. v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRWP-2587-2023 (O&M) Decided on :17.03.2023 Sakshi and another . . . Petitioner(s)
Versus
State of Punjab and others . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Ankit Gupta, Advocate for the petitioners. **** SANJAY VASHISTH, J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No. 1 and3 to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. Learned counsel for petitioners submits that petitioner No.1 - Sakshi, aged about 20 years and petitioner No.2 - Ram Kumar, aged about 19 years are major, but petitioner No. 2 is not of marriageable age being of 19 years, still they have got married on 13.03.2023 against the wishes of their family members, arrayed as respondents No.4 to 8. It is first marriage of both the petitioners. While referring to the photographs of the marriage (Annexure P-4), counsel reads out paragraph No. 4 of the petition, relevant part of which says as under:
"That the grouse of the petitioners is that they are married each other on 13.03.2023 at Mansa Devi Complex, Sector-4, Panchkula as per Hindu rites against the wishes of parents and relative of the petitioner no. 1. Marriage certificate has not been issued to the petitioners because petitioner no. 2 is not in marriageable age. The petitioners are only annexed Marriage photographs as Annexure P-3 now they are facing threat to their lives at the hands of parents and other family members of petitioner No.1, as the petitioners have married with each other against the wishes of their family members. " It has been further submitted that private respondents are RIYA 2023.03.17 12:52 I attest to the accuracy and integrity of this document
CRWP-2587-2023 - 2 - threatening to interfere in the matrimonial life of petitioners. Hence, petitioners are seeking protection in that regard and have approached this Court by way of filing the instant petition. They have also submitted a representation dated 13.03.2023 (Annexure P-5), to respondent No.2Senior Superintendent of Police, Hoshiarpur, Punjab, wherein, they have expressed their apprehension.
Notice of motion.
On advance notice, Mr. Anmol Singh Sandhu, AAG, Punjab, who is present in the Court, accepts notice on behalf of respondent Nos. 1 to 3 (State).
In view of the above, present petition is disposed of with a direction to respondent No.2 -Senior Superintendent of Police,Hoshiarpur, Punjab, , to look into the representation dated 13.03.2023 (Annexure P-5), qua threat perception and if there is any substance in it, take necessary steps, in accordance with law, to ensure that lives and liberty of the petitioners, is not jeopardized at the hands of the private respondents. However, this direction will not validate the marriage said to have taken place between the parties and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.
Disposed of.
(SANJAY VASHISTH) JUDGE 17.03.2023 Riya Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No RIYA 2023.03.17 12:52 I attest to the accuracy and integrity of this document