Priya And ANR. v. State Of Punjab And Others

2023:PHHC:046809

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-3003-2023 Decided on : 29.03.2023 Priya and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Sanchit Choudhary, Advocate for the petitioner(s).

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to the official respondents, 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 - Priya, aged 23 years and petitioner No.2 - Mehar Singh, aged 25 years, have solemnized marriage on 22.03.2023, against the wishes of their family members, arrayed as respondents No.7 to 14. 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.

3.

Learned counsel for the petitioners submits that private respondents are residents in the area of UT Chandigarh as well as of District Mohali (Punjab), therefore, representation has also been sent to respondents No.5 & 6 i.e. Sr. Superintendent of Police, UT Chandigarh and SHO, Police Station Sarangpur, UT, Chandigarh.

However, petitioners would be satisfied, if the direction is passed to respondent No.3 i.e. Sr. Superintendent of Police, SAS Nagar, Mohali, to examine the representation, as they have submitted a representation dated 23.03.2023 (Annexure P-4), to respondent No.3 - Sr. JAWALA RAM 2023.03.29 14:17 I attest to the accuracy and authenticity of this order/judgement.

2023:PHHC:046809 CRWP-3003-2023 - 2 - Superintendent of Police, SAS Nagar, Mohali also, wherein, they have expressed their apprehension.

4.

Notice of motion to respondents No.1 to 6 only. 4.

On asking of the Court, Mr. Anmol Singh Sandhu, AAG, Punjab, accepts notice on behalf of respondents No.1, 3 & 4 (State of Punjab).

5.

On advance notice, Mr. Ankur Bali, Addl. PP, UT Chandigarh, also puts in appearance, and accepts notice on behalf of respondents No.2, 5 & 6 (UT Chandigarh), but in view of statement of the petitioners, there is no need to issue any direction to UT Chandigarh. 5.

In view of the above, the present petition is disposed of with a direction to respondent No.3 - Sr. Superintendent of Police, SAS Nagar Mohali, to look into the representation dated 23.03.2023 (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. 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 29, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.03.29 14:17 I attest to the accuracy and authenticity of this order/judgement.