Kajal Kumari And ANR. v. Ut Chandigarh And ORS

2023:PHHC:052233

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-3584-2023 (O&M) Decided on :17.04.2023 Kajal Kumari and another . . . Petitioner(s)

Versus

U. T. Chandigarh and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Amit Kashyap, Advocate for the petitioners. **** SANJAY VASHISTH, J. (Oral) 1.

Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No. 2 and 3 to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. 2.

Learned counsel for petitioners submits that petitioner No.1Kajal Kumari, aged about 21 years and petitioner No.2 - Sanjeet Kumar, aged about 27 years, have got married on 09.04.2023 against the wishes of their family members, arrayed as respondents No. 4 to 6. It is first marriage of both the petitioners. It has been further submitted that private respondents are threatening to interfere in the matrimonial life of petitioners. Hence, petitioners are seeking protection in that regard and have approached this Court by way of filing the instant petition. They have also submitted a representation dated 10.04.2023 (Annexure P-6), to respondent No.2 - Senior Superintendent of Police, Chandigarh, wherein, they have expressed their apprehension.

3.

Notice of motion.

4.

On advance notice, Ms. Simsi Dhir Malhotra, Addl. PP, U. T. Chandigarh, who is present in the Court, accepts notice on behalf of RIYA 2023.04.17 15:35 I attest to the accuracy and integrity of this document respondents Nos.1 to 3 (State).

CRWP-3584-2023 - 2 - 2023:PHHC:052233 5.

In view of the above, present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Chandigarh, to look into the representation dated 10.04.2023 (Annexure P-6), qua threat perception and if there is any substance in it, take necessary steps, in accordance with law, to ensure that lives and liberty of the petitioners, is not jeopardized at the hands of the private respondents. 6.

However, this direction will not validate the marriage said to have taken place between the parties and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

7.

Disposed of.

(SANJAY VASHISTH) JUDGE 17.04.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.04.17 15:35 I attest to the accuracy and integrity of this document