High Court of Punjab and HaryanaCRM-M/13934/2019allowed

Shivani Kumari And ANR v. State Of Punjab And Others

2019-03-27Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-13934 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13934 of 2019 Date of Decision: 27.03.2019 Shivani Kumari and Anr.

....Petitioners

Versus

State of Punjab & Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Me. Dheeraj Mahajan, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Section 482 Cr.P.C. seeking direction to respondent Nos.2 & 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondent Nos.4 to 6. It has been averred that the date of birth of petitioner No.1 is 08.09.2000 while date of birth of petitioner No.2 is 10.09.1999. Copies of Aadhar Card of petitioner Nos.1 & 2 to this effect are attached as Annexures P-1 and P-2 respectively.

It has been submitted that the marriage of the petitioners was solemnized on 25.03.2019 according to Hindu rites at Sri Bala Ji Jyotish (Kender) Mandir, Mata Mansa Devi Market, Sector 4, Panchkula. The marriage Certificate and the photographs of marriage are attached as Annexure P-3 and Annexure P.4 (colly.) respectively. Private respondent Nos.4 to 6 are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 25.03.2019 (Annexure P-5) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondent. After hearing counsel for the petitioners and without expressing MANOJ KUMAR 2019.03.27 17:03 I attest to the accuracy and integrity of this document

CRM-M-13934 of 2019 #2# any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh v. State of U.P. And another, 2006(2) SCC (Criminal) 478, the present petition is disposed of with direction to respondent No.2 to look into the said issue and take necessary action in accordance with law.

March 27, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.03.27 17:03 I attest to the accuracy and integrity of this document