High Court of Punjab and HaryanaCRWP/3483/2020disposed of

Kuldeep Kaur And ANR v. State Of Punjab And Others

2020-06-08Mr. Justice Gurmeet Singh Sandhawalia2 pages

SHIVANI GUPTA 2020.06.08 16:29 CRWP No. 3483 of 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No. 3483 of 2020 Date of decision: 08.06.2020 Smt. Kuldeep Kaur and another ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Gurpreet Singh, Advocate, for Mr. Tajinder Singh, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The matter has been taken up by way of video conferencing in view of Covid-19 situation as per instructions issued. In the present petition filed under Article 226 of the Constitution of India, the petitioners seek directions to provide protection to the life and liberty from the private respondents No. 4 to 7 on account of their marriage which has taken place on 09.03.2020. The marriage certificate and photographs of the marriage have been appended as Annexures P-3and P-4, respectively.

The petitioners are stated to be major, as the date of birth of petitioner No.1 is 05.01.1997 as per matriculation certificate (Annexure P1) and the date of birth of petitioner No.2 is 10.10.1993 as per Adhar Card and matriculation certificate (Annexure P-2 colly). It has been averred that the petitioner is No. 2 is doing a private job and is JCB driver and earns more than Rs.15,000/- per month.

A representation dated 18.03.2020 (Annexure P-5) has also

CRWP No. 3483 of 2020 been filed with respondent No. 2 in this regard. Notice of motion.

Mr. SPS Tinna, Addl. A.G., Punjab accepts notice on behalf of the respondents/State. Copy of the paper-book has been supplied to him. Mr. Tinna, on telephonic instructions from ASI Lakhbir Singh, points out that statements of respondents no. 4 to 7 have been recorded that they have no objection to the marriage.

After hearing counsel for the petitioners, without commenting upon the validity/legality of the marriage or the age of the petitioners and in view of the binding precedent of the Hon'ble Apex Court in Lata Singh Vs. State of U.P. and another 2006(2) SCC (Criminal) 478, the present petition is disposed of with the direction to respondent No. 2 to look into the above said representation filed by the petitioners and take appropriate action in accordance with law and provide protection, if so required.

The court fees/process fee/Advocate Welfare Stamp shall be deposited the moment the instructions are modified as such and physical presence is allowed. It is made clear that in case the needful is not done, the order shall be liable to be recalled at the detriment of parties. 08.06.2020 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No