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High Court of Punjab and HaryanaCRM-M/3922/2015disposed of

Reeta And ANR v. State Of Punjab And ORS

2015-02-06Mr. Justice Satpal2 pages

CRM No.M-3922 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M- 3922 of 2015(O&M) Date of Decision: February 6, 2015.

Reeta and another ...... PETITIONER (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Petitioners in person with Mrs. Saroj Bala, Advocate for the petitioners.

***** LISA GILL, J.

The present petition has been filed by the petitioners for protection of their life and liberty as they apprehend danger at the hands of respondents No.4 and 5 and other relatives because they are stated to have contracted marriage between themselves on 02.02.2015 against the wishes of the said respondents. Both the petitioners are present in Court and on being asked submit that they have contracted marriage between themselves out of their free will and volition.

It is contended that both the petitioners are major. It is however stated that petitioner No.1 being illiterate and never having gone to school for education, she has no proof of her date of birth. She does not have even Adhaar Card or ration card in support of her date of birth. She has sworn on affidavit in OMKAR SINGH 2015.02.09 12:21 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-3922 of 2015 [2] this regard. The date of birth of petitioner No.2 is 30.06.1992. True copy of Adhaar Card of petitioner No.2 has been appended with the petition as Annexure P2. Photographs of the marriage are also placed on record as Annexure P3 . Petitioner No.1 stated to have submitted a representation dated 02.02.2015 (Annexure P4) to respondent No.2 i.e., the Senior Superintendent of Police, SAS Nagar, Mohali for redressal of their grievance. Notice of motion to the Advocate General, Punjab. On the asking of the Court, Mr. P.S.Grewal, Deputy Advocate General, Punjab who is present in the Court, accepts notice on behalf of respondents No.1 to 3. Two copies of the petition have been handed over to learned State counsel.

Without commenting upon the age of the petitioners or the validity of their marriage or the validity and genuineness of the certificates appended with the petition, respondent No.2 - Senior Superintendent of Police, SAS Nagar, Mohali is directed to decide representation dated 02.02.2015 submitted by the petitioners and take appropriate action keeping in view the threat perception to the petitioners.

It is, however, made clear that this order shall have no effect on the validity of the alleged marriage of the petitioners and neither will any other civil or criminal proceedings initiated against the petitioners be barred due to this order.

Petition is disposed of accordingly.

( LISA GILL ) February 6, 2015.

JUDGE 'om'

OMKAR SINGH 2015.02.09 12:21 I attest to the accuracy and authenticity of this document Chandigarh