High Court of Punjab and HaryanaCRM-M/12149/2019allowed

Harjinder Kaur And ANR v. State Of Punjab And Others

2019-03-15Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-12149 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12149 of 2019 Date of Decision: 15.03.2019 Harjinder Kaur and Anr.

....Petitioners

Versus

State of Punjab and Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Varinder Basa, 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 9. It has been averred that the date of birth of petitioner No.1 is 21.9.1994 while date of birth of petitioner No.2 is 05.05.1995. 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. It has been submitted that the marriage of the petitioners was solemnized on 05.03.2019 at Beersheba Church of God, Nawa Pind Panj Khadal, Batala, District Gurdaspur. The marriage Certificate and the photograph of marriage are attached as Annexures P-3 and Annexure P.4 (colly.) respectively.

Private respondent Nos.4 to 9 are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 08.03.2019 (Annexure P-5) to respondent No.2 seeking protection of their lives and MANOJ KUMAR 2019.03.

CRM-M-12149 of 2019 #2# liberty at the hands of the private respondent. 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 15, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.03.15 17:10 I attest to the accuracy and integrity of this document