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High Court of Punjab and HaryanaCRWP/2608/2023disposed of

Ajay Kumar And Another v. State Of Haryana And Others

2023-03-20Mr. Justice Sanjay Vashisth2 pages

2023:PHHC:040661 CRWP-2608-2023 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-2608-2023 Decided on : 20.03.2023 Ajay Kumar and another . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Durga Dutt Sharma, Advocate for the petitioner(s).

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to official respondents No.2 & 3, to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. 2.

Learned counsel for the petitioners further submits that it is the first marriage of petitioner No.1, whereas, petitioner No.2 - Deepika Kumari, was earlier married to one Ajay Sharma s/o Subhash Chander Sharma, r/o H.No.332, Bitna Road, Near Guga Mari, Village Ghatiwala, Tehsil Pinjore, Distt. Panchkula. However, the said marriage was subsequently dissolved by way of decree of divorce dated 25.08.2021 by mutual consent, passed by the by the concerned Court at Jind. He further submits that there was no child from the said wedlock.

4.

Learned counsel for the petitioners further submits that petitioner No.1 - Ajay Kumar, aged 29 years and petitioner No.2 - Deepika Kumari, aged 24 years, have solemnized marriage on 14.03.2023, against the wishes of their family members, arrayed as respondents No.4 to 8. It has JAWALA RAM 2023.03.20 17:26 I attest to the accuracy and authenticity of this order/judgement.

2023:PHHC:040661 CRWP-2608-2023 - 2 - been submitted that the private respondents are threatening to interfere in the matrimonial life of the petitioners. Hence, the 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 14.03.2023 (Annexure P-4), to respondent No.2 - Commissioner of Police, Panchkula, Haryana, wherein, they have expressed their apprehension. 3.

Notice of motion.

4.

On asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana, accepts notice on behalf of respondents No.1 to 3 (State). 5.

In view of the above, the present petition is disposed of with a direction to to respondent No.2 - Commissioner of Police, Panchkula, Haryana, to look into the representation dated 14.03.2023 (Annexure P-4), qua threat perception, and if there is any substance in it, take necessary steps, in accordance with law, to ensure that the lives and liberty of the petitioners are not jeopardized at the hands of the private respondents. 6.

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.

(SANJAY VASHISTH) JUDGE March 20, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.03.20 17:26 I attest to the accuracy and authenticity of this order/judgement.