Karamjeet Kaur And Another v. State Of Ut Chandigarh And Another

CRM-M-11585 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11585 of 2019 Date of Decision: 13.03.2019 Karamjeet Kaur and Anr.

....Petitioners

Versus

State of UT Chandigarh and Ors.

....Respondent

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Munish Thakur, 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.2 & 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondent Nos.4 to 12. It has been averred that the date of birth of petitioner No.1 is 02.09.1997 while date of birth of petitioner No.2 is 14.3.1994. Copies of Aadhar Cards of petitioner No.1 and petitioner No.2 to this effect are attached as Annexures P-1 and P-2 respectively and that of copies of Certificates of Secondary Education of petitioner Nos.1 & 2 are annexed as Annexures P.3 & P.4 respectively.

It has been submitted that the marriage of the petitioners was solemnized on 11.03.2019 according to hindu rites at Pracheen Gurumori Rama Krishna Mandir, Sector 19, Chandigarh. The marriage Certificate and the photographs of marriage are attached as Annexures P-5 and Annexure P.6 (colly.) respectively. Private respondent Nos.4 to 12 are opposed to the marriage, as the petitioners had performed the marriage without their MANOJ KUMAR 2019.03.14 09:26 I attest to the accuracy and integrity of this document

CRM-M-11585 of 2019 #2# consent. The petitioners have submitted representation dated 11.03.2019 (Annexure P-7) to respondent No.2 seeking protection of their 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 respondent Nos.1 to 3.

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 13, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.03.14 09:26 I attest to the accuracy and integrity of this document