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High Court of Punjab and HaryanaCRWP/3143/2023disposed of

Manisha And Another v. State Of Haryana And Others

2023-03-31Mr. Justice Gurbir Singh2 pages

2023:PHHC:047515

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-3143-2023 Date of Decision: 31.03.2023 MANISHA AND ANOTHER ...... PETITIONERS VS STATE OF HARYANA AND ORS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE GURBIR SINGH Present: Mr. D.P.S. Jaura, Advocate for Mr. J.P. Jangu, Advocate for the petitioners. **** GURBIR SINGH, J. (ORAL) The petitioners seeks a writ in the nature of mandamus directing respondent Nos. 1 to 3 to protect their life and liberty and not to interfere in the peaceful life of the petitioners at the behest of respondents No.4 to 5. It has been averred that the date of birth of petitioner No.1 is 28.01.2005 while date of birth of petitioner No.2 is 24.04.1997. Copies of Aadhar Cards 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 27.03.2023. The marriage Certificateis attached as Annexure P-3. Private respondent Nos.4 and 5 had opposed to their marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 27.03.2023 (Annexure P-4) to respondent No.2-Superintendent of Police, City Gurugram, District Gurugram seeking protection of their lives and liberty at the hands of the private respondent.

Notice of motion to respondent Nos.1 to 3 only at this stage. KUSUM 2023.03.31 15:16 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

2023:PHHC:047515 CRWP-3143-2023 -2On the asking of the Court, Mr. Karan Sharma, DAG, Haryana, accepts notice on behalf of respondent Nos.1 to 3 only at this stage. Without expressing any opinion on the merits of the matter and in particular the legality of the alleged relationship, the present petition is disposed of with a direction to respondent No.2-Superintendent of Police, City Gurugram, District Gurugram to forthwith consider the aforesaid representation dated 27.03.2023 (Annexure P-4) made on behalf of the petitioners and thereafter, take appropriate action on the same as is deemed fit in accordance with law to ensure the protection of life and liberty of the petitioners. Till then, protect the life and liberty of the petitioners. Respondent No.2 would pass necessary order without being influenced by any pleadings made in the petition.

It is made clear that this order shall not be taken to validate the alleged relationship between the petitioners or protect them from legal action for violation, if any, committed by them.

(GURBIR SINGH) JUDGE 31.03.2023 renu/kusum Whether speaking/reasoned Yes/No Whether reportable Yes/No KUSUM 2023.03.31 15:16 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD