High Court of Punjab and HaryanaCRWP/3056/2024disposed of

Maffan And Another v. State Of Haryana And Others

2024-04-05Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:046235 In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-3056-2024 (O&M) Date of Decision:-5.4.2024 Maffan and another ... Petitioners

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Nafeesh Ahmed, Advocate for the petitioners. ***** GURVINDER SINGH GILL, J.(Oral)

1. Petitioner No.1 - Maffan aged about 20 years, who claims to have been earlier married to respondent No.4 - Tarif and whose marriage had allegedly been dissolved by way of oral 'Talaq' and petitioner No.2 - Salim aged about 21 years, both of whom are 'Muslim' by religion, have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents including respondent No.4 - Tarif to whom petitioner No.1 had been married, having married against the wishes of their families.

2. Notice of motion.

3. At this stage, Mr. Munish Sharma, DAG, Haryana, upon whom an advance copy of petition had already been served, accepts notice on behalf of the respondent-State.

4. Mr. Farukh Abdullah, Advocate has put in appearance on behalf of respondent No.4 and has filed Vakalatnama, which is taken on record. Pankaj Kakkar 2024.04.05 16:01 I attest to the accuracy and authenticity of this document

CRWP-3056-2024 (O&M) ( 2 ) 2024:PHHC:046235

5. Learned counsel representing respondent No.4 has stated categorically before this Court that respondent No.4 has not dissloved the marriage by way of any oral 'Talaq'. It has further been submitted that, in any case, the concept of oral 'Talaq' is no longer recognized under the Law of land.

6. Having heard learned counsel for the parties and without commenting anything as regards the veracity of the averments made in the petition or as regards the validity of alleged marriage or age of the petitioners, the instant petition is disposed of with a direction to respondent No.2 - Superintendent of Police, Nuh, District Nuh, Haryana to look into the matter and to dispose off the representation dated 2.4.2024 (Annexure P-4) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

7. A copy of this order alongwith copy of the representation dated 2.4.2024 (Annexure P-4) be sent to respondent No.2 - Superintendent of Police, Nuh, District Nuh, Haryana so as to enable him to do the needful expeditiously.

8. It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the validity of marriage or age of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.

5.4.2024 ( Gurvinder Singh Gill ) Geeta/P Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.04.05 16:01 I attest to the accuracy and authenticity of this document