Narinder Kaur And ANR v. State Of Punjab And Others

2023:PHHC:046174

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-3013-2023 Decided on : 28.03.2023 Narinder Kaur and another . . . Petitioner(s)

Versus

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

**** SANJAY VASHISTH , J. (Oral) Instant petition has been filed by petitioner No.1 - Narinder Kaur, aged 48 years, and petitioner No.2 - Jaswant Singh, aged about 69 years, for seeking protection of their lives and personal liberty in view of the fact that they have not solemnized their marriage so far and are living in a live-in relationship and are under eminent threat at the hands of respondents No.4 & 5.

While referring to para No.10 of present petition, learned counsel for the petitioners submits that earlier petitioner No.1 was married to one Manjeet Singh, who expired on 26.09.2010, and no child was born out of the said wedlock, whereas, petitioner No.2 was also earlier married to one Charanjit Kaur D/o Rood Singh, who also expired on 12.04.2016, and there was also no child out of the said wedlock.

In the context of threat perception at the hands of private respondents No.4 & 5 , petitioners have allegedly moved representation dated 22.03.2023 (Annexure P-3) to the Sr. Superintendent of Police, Patiala, (respondent No.2), wherein, all the apprehensions qua their lives and liberty has been expressed.

Notice of motion to respondents No.1 to 3 only. On asking of the Court, Mr. Anmol Singh Sandhu, AAG, Punjab accepts notice on behalf of State-respondents No.1 to 3 (State). Let requisite copies of complete paper book be supplied to learned State counsel during course of the day. JAWALA RAM 2023.03.28 17:40 I attest to the accuracy and authenticity of this order/judgement.

2023:PHHC:046174 CRWP-3013-2023 - 2 - Since, petitioners have not contracted any marriage and seek only protection qua their lives and personal liberty, and for the same already representation dated 22.03.2023 (Annexure P-3) is pending, it would be appropriate to direct respondent No. 2 to have a fair look to the said representation, on the grievance of the petitioners in order to ascertain veracity of allegations made by them.

Respondent No.2 would be at liberty to devise his/her own mechanism to ascertain the truth. He/she would also be at liberty to join the petitioners or any other person acquainted with facts in issue. If the innocence of the petitioners is established, then respondent No.2 shall proceed to take appropriate action in order to protect lives and personal liberty of the petitioners from being invaded by private respondents No.4 & 5.

The aforesaid order is being passed at this stage without meaning anything on the status of the parties on the basis of live-in relationship and age of petitioners. Respondent No.2 would consider and pass necessary order without being influenced by any statement of fact recorded herein-above.

Petition stands disposed of accordingly.

(SANJAY VASHISTH) JUDGE March 28, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.03.28 17:40 I attest to the accuracy and authenticity of this order/judgement.