Jaspal Singh And Another v. State Of Punjab And Others

2024:PHHC:039347 In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-19.3.2024 Jaspal Singh and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gursharan Singh, Advocate for the petitioners. ***** GURVINDER SINGH GILL, J.(Oral)

1. Petitioner No.1 - Jaspal Singh aged about 26 years (who is stated to be 'Sikh' by religion) and petitioner No.2 - Uajma aged about 19 years (who is stated to be 'Muslim' by religion) have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents, having married against the wishes of their families.

2. Notice of motion.

3. At this stage, Mr. Gauravdeep Singh Dhaliwal, DAG, Punjab, upon whom an advance copy of petition had already been served, accepts notice on behalf of the respondent - State.

4. Mr. Shakti Mehta, Advocate has put in appearance on behalf of respondents No.4 to 8 and has filed Vakalatnama, which is taken on record.

( 2 )

5. Learned counsel representing respondents No.4 to 8 has raised an objection that since the petitioners belong to different religion, the marriage between the parties cannot be said to be a valid marriage under Hindu Marriage Act. He has, however, stated that the private respondents do not intend to cause any harm to the petitioners.

6. Without commenting anything as regards the veracity of the averments made in the petition or as regards the validity of alleged marriage or age of the petitioners, the petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, District Barnala to look into the matter and to dispose off the representation dated 15.3.2024 (Annexure P-4) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

7. A copy of this order alongwith copy of the representation dated 15.3.2024 (Annexure P-4) be sent to respondent No.2 - Senior Superintendent of Police, District Barnala so as to enable him to do the needful expeditiously.

8. It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the validity of marriage or age of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.

9. At this stage, learned counsel for respondents No.4 to 8 has, however, expressed that parents and brothers of petitioner No.2 may be permitted to meet petitioner No.2 for a short while.

10. Learned counsel for the petitioners has expressed no objection for the same.

( 3 )

11. As such, the parties are directed to appear before Mediation and Conciliation Center of this Court on 3.4.2024.

12. List again on 9.4.2024.

19.3.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No