Shalhnila And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-38733 of 2015 Date of decision: 10.11.2015 Dr. Shahnila and another ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. K.S. Mamrat, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking direction to respondents No. 2 and 3 to provide protection to the life and liberty of the petitioners at the hands of respondents no. 4 to 10 who are relatives of petitioner no. 1 and not to interfere in the peaceful matrimonial life of the petitioners.

The petitioner no. 1 is alleged to have been born on 28.08.1992 as per the matriculation certificate (Annexure P-3). Date of birth of petitioner No. 2 is stated to be 11.03.1991 as per the certificate issued by the CBSE (Annexure P-4).

It has been pleaded that the petitioners have got married on 07.11.2015 at Gurudwara Guru Nanak Dev Ji (Regd.), SAS Nagar, Mohali as per Sikh Rites and Ceremonies and the copy of marriage certificate is appended as Annexure P-1 and the photographs have been appended as Annexure P-2.

It is the case of petitioner no. 1 that she belongs to Muslim religion but has changed the religion to Hindu after following the due procedure and the advertisement (Annexure P-6) has been appended SHIVANI GUPTA 2015.11.10 15:21 I attest to the accuracy and integrity of this document Chandigarh

-2alongwith the affidavit (Annexure P-5). On account of the marriage being inter religion, the petitioners are under threat from the private-respondents. The petitioners have made representation to respondent no. 2 on 07.11.2015 (Annexure P-7) for protection of their life and liberty. After hearing counsel for the petitioners; without expressing any opinion on the merits of the case; without commenting upon the validity of conversion of religion 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 Vs. State of U.P. and another 2006(2) SCC (Criminal) 478, the present petition is disposed of with direction to respondent nos. 2 and 3 to look into the above said representation (Annexure P-7) filed by the petitioners with respondent no. 2 and take necessary action in accordance with law and provide protection, if so required.

10.11.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.11.10 15:21 I attest to the accuracy and integrity of this document Chandigarh