High Court of Punjab and HaryanaCRWP/2319/2026disposed of

Sapna v. State Of Punjab And Others

2026-04-10Mr. Justice Jasjit Singh Bedi2 pages

IN THE PUNJAB AND HARYANA HIGH COURT AT

CHANDIGARH CRWP-2319-2026 Date of Decision: 10.04.2026 SAPNA (MINOR) THROUGH HER NEXT FRIEND LAXMI ... Petitioner

VERSUS

STATE OF PUNJAB AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI. ****

Present:

Mr. Vikram Jeet Singh, Advocate for the petitioner.

Mr. M.S. Toor, AAG, Punjab.

Ms. Jasmine Garg and Mr. Raunaq Singh Dhillon, Advocates for Mr. Prateek Sodhi Advocate for respondents No.4 to 7.

**** JASJIT SINGH BEDI, J. (ORAL) The prayer in the present petition under Article 226 of the Constitution of India is for the issuance of a writ in the nature of mandamus for directing the official respondents No.2 and 3 to provide protection to the life and liberty of the minor petitioner.

Learned counsel for the petitioner contends that the petitioner is a minor and apprehends danger to her life and liberty at the hands of respondents No.4 to 7, who happen to be her parents and other close relatives. He further contends that the parents of the minor petitioner want to solemnize her marriage with a boy who is 9 or 10 years older than her, but she wants to marry a boy of her own choice. Therefore, he prays that necessary protection be granted to the minor petitioner.

RAJENDER KUMAR 2026.04.13 14:20 I attest to the accuracy and authenticity of this order

CRWP-2319-2026 -2The counsel for the private respondents, on the other hand, contends that the petitioner is a minor and is uncapable of deciding as to what is good or bad for her and, therefore, her custody be handed over to the private respondents, who happen to be her parents and other close relatives. The learned State Counsel submits that the matter is between the minor petitioner and her parents, and the State would abide by the orders as may be passed by this Court.

I have heard the learned counsel for the respective parties. Admittedly, the age of the petitioner is approximately 16 years and she is presently residing in Aashiana (Children Home)/SAA, Sector-15, Chandigarh. She may stay there until she turns major and becomes of marriageable age. During the said period, in case the petitioner's parents or her aunt (maasi) namely Sunita wife of Suresh wish to meet her, they are at liberty to do so, subject to the petitioner's consent. Needless to say that the next friend of the petitioner namely Laxmi wife of Nasib (wrongly mentioned as Sadabart in the memo of parties) may also be permitted to meet the petitioner, if so desired by her (the petitioner).

If at any point of time, the petitioner intends to reside with her parents, she would be at liberty to do so and the State would facilitate the same. The petition stands disposed of accordingly.

(JASJIT SINGH BEDI) APRIL 10, 2026.

JUDGE Rajender Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RAJENDER KUMAR 2026.04.13 14:20 I attest to the accuracy and authenticity of this order