Palvi And Another v. State Of Punjab And Others

CRM M-36814 of 2016 (O&M) {1}

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-36814 of 2016 (O&M) Date of Decision: October 14, 2016 Palvi and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR.JUSTICE AMIT RAWAL, JUDGE

Present:

Mr. Tarun Vir Singh, Advocate for the petitioners.

AMIT RAWAL, J (Oral) Mr. Tarun Vir Singh, learned counsel for the petitioners submits that as per Annexures P-1 and P-2, i.e., Aadhar Card and Passport, both the petitioners are major.

Notice of motion.

Mr. Pankaj Mulwani, DAG, Punjab accepts notice on behalf of the State, whereas, Mr. Rajiv Sharma, Advocate accepts notice on behalf of respondent No.5 and filed his 'Vakalatnama' in the Court, which is taken on record. Mr. Rajiv Sharma submits that the parents of the girl accompanied by maternal uncle and aunt are present in the Court. The parents of the girl state that petitioner No.2 has no source of income and for performing the marriage with petitioner No.1 he has sold the shop in which he was running the 'Kariyana' business, therefore, he would not be able to meet day-to-day expenses, much less, keeping the wife in livable condition. Mr. Tarun Vir Singh, learned counsel for the petitioner submits that on lodging of the complaint by the parents of the girl, the brothers of Savita 2016.10.14 14:48 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM M-36814 of 2016 (O&M) {2} petitioner No.2, namely, Manoj Kumar, Sanjeev and Rajeev have been taken into illegal custody because they wanted the girl back. It is strange that the persons who are major and no doubt have a right to cast the vote, much less, know about right or wrong cannot be harassed and humiliated.

The Commissioner of Police and SHO of the Police Station, Division No.1, District Jalandhar are directed to protect the life and liberty of the petitioners. In case, they find there is any threat and danger to their life, they shall provide them police assistance, in accordance with law. However, a direction is issued to the police to release the aforementioned persons in case they have been kept in illegal custody owing to the aforesaid dispute, if not involved in any other case. Let this order be sent to the concerned Police Station by fax and e-mail immediately and the compliance report be submitted to this Court within a period of 1 1⁄2 hour through any source. This Court has summoned the concerned police official from the Police Post of High Court, Chandigarh and has been directed to take appropriate measures in case there is any threat and danger to the life and liberty of the petitioners.

With the aforementioned directions, the present petition stands disposed of.

October 14 , 2016 ( AMIT RAWAL ) savita JUDGE Whether speaking/reasoned Yes/No Whether Reportable:

Yes/No Savita 2016.10.14 14:48 I attest to the accuracy and integrity of this document High Court Chandigarh