Malkeet Singh And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.3488 of 2020 Decided on: 08.06.2020 Malkeet Singh and another ... Petitioners

Versus

State of Punjab and others ... Respondents CORAM : HON'BLE MR. JUSTICE G.S. SANDHAWALIA Present :

Mr. Pawan Kumar, Advocate for the petitioners.

The present petition has been taken up by way of video conference as per instructions in view of COVID-19 pandemic. ***** G.S. Sandhawalia , J. (Oral) In the 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 and 5, who are father and brother of petitioner No.2, on account of their marriage which has taken place on 13.05.2020 as per Anand Karaj and ceremonies at Gurudwara Baba Veer Singh Ji (Regd.), village Patti Mor, Tehsil Patti, District Tarn Taran, Punjab. The marriage certificate and photographs of the marriage have been appended as Annexures P-3 and P-4, respectively. The petitioners are stated to be major, as the date of birth of petitioner No.1 is 04.08.1987 as per Aadhaar Card (Annexure P-1) and the date of birth of petitioner No.2 is 25.07.1993 as per Aadhaar Card (Annexure P-2). It has been averred that petitioner No.1 is a bank employee and earning Rs.40,000/- per month.

PARVEEN KUMAR 2020.06.08 16:33 I attest to the accuracy and integrity of this document phhc

CRWP No.3488 of 2020 -2A representation dated 28.05.2020 (Annexure P-5) has also been filed with respondent No.2 in this regard. Notice of motion.

Mr. SPS Tinna, Additional AG, Punjab accepts notice on behalf of the respondents/State. Copy of the paper-book be supplied to him by way of e-mail today itself.

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. (G.S. SANDHAWALIA) JUNE 08, 2020 JUDGE Parveen Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No PARVEEN KUMAR 2020.06.08 16:33 I attest to the accuracy and integrity of this document phhc