Sukhveer Kaur And Another v. State Of Punjab And Others

2023:PHHC:040938

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-2758-2023 Decided on : 21.03.2023 Sukhveer Kaur and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Shakti Mehta, 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 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 submits that petitioner No.1 - Sukhveer Kaur, aged 20 years and petitioner No.2 - Arshpreet Singh, aged 23 years, have solemnized marriage on 17.03.2023, against the wishes of their family members, arrayed as respondents No.4 to 6. Learned counsel for the petitioners further submits that it is the first marriage of both the petitioners. It has 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 17.03.2023 (Annexure P-4), to respondent No.2 - Senior Superintendent of Police, Sangrur, wherein, they have expressed their apprehension. 3.

Notice of motion.

4.

On asking of the Court, Mr. Anmol Singh Sandhu, AAG, Punjab, accepts notice on behalf of respondents No.1 to 3 (State). 5.

At this stage, on advance notice, Mr. Jagpal Singh, Advocate, puts in appearance on behalf of respondent No.4 and files his memo of appearance, which is taken on record.

6.

Counsel for respondent No.4 submits that respondent No.4 KAVITA NAIN 2023.03.21 14:19 I attest to the accuracy and integrity of this document order/judgment

2023:PHHC:040938 CRWP- -2023 - 2 - wants to meet his daughter i.e. Sukhveer Kaur (petitioner No.1). However, it would be open for him to make such request to the Senior Superintendent of Police-respondent No.2.

7.

In view of the above, the present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Sangrur, to look into the representation dated 17.03.2023 (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. 8.

However, it is observed that in case Satpal Singh-respondent No.4 makes a request to respondent No.2 - Senior Superintendent of Police, Sangrur, to have a peaceful meeting with his daughter (petitioner No.1), same would be considered and in case respondent No.2 finds it genuine request, only then he/she may allow such meeting. 9.

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 21, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2023.03.21 14:19 I attest to the accuracy and integrity of this document order/judgment