Harpreet And Another v. State Of Punjab And Others

2023:PHHC:041651

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-2780-2023(O&M) Decided on : 22.03.2023 Harpreet and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Bikramjit Singh Randhawa, Advocate, for the petitioners.

**** SANJAY VASHISTH , J. (Oral) CRM-W-392-2023 For the reasons mentioned in the application, the same is allowed as prayed for.

CRWP- -2023 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 - Harpreet, aged about 20 years and petitioner No.2 - Shiva, aged about 23 years, have solemnized marriage on 18.03.2023, against the wishes of their family members, arrayed as respondents No.4 and 5. 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 KAVITA NAIN 2023.03.22 15:20 I attest to the accuracy and integrity of this document order/judgment

2023:PHHC:041651 CRWP-2780-2023(O&M) - 2 - representation dated 18.03.2023 (Annexure P-5), to respondent No.2 - Senior Superintendent of Police, Hoshiarpur, 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.

In view of the above, the present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Hoshiarpur, to look into the representation dated 18.03.2023 (Annexure P-5), 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. However, respondent No.2 - Senior Superintendent of Police, Hoshiarpur, would ensure in case any protection is to be provided, would confirm the identity of petitioner No.2-Shiva. 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 22, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2023.03.22 15:20 I attest to the accuracy and integrity of this document order/judgment