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High Court of Punjab and HaryanaCRM-M/39791/2015disposed of

Jyoti Rani And ANR v. State Of Haryana And ORS

2015-11-23Mr. Justice Satpal2 pages

CRM No.M-39791 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 39791 of 2015(O&M) Date of Decision: November 23 , 2015.

Jyoti Rani and another ...... PETITIONER (s)

Versus

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

Present:

Petitioners in person with Mr. Karnail Singh, Advocate for the petitioners.

***** LISA GILL, J.

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 to 7 and other relatives because they have contracted marriage between themselves on 20.11.2015 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 the petitioners are major, their dates of birth being 09.09.1996 and 18.07.1988, respectively. Only an affidavit has been appended with this petition regarding date of birth of petitioner No.1 - Jyoti Rani as it is stated that she does not have any documentary proof regarding her OMKAR SINGH 2015.11.23 13:13 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-39791 of 2015 [2] age as the petitioners are on the run and same is not readily available. Copy of Marriage Certificate and photographs of the marriage are also placed on record as Annexures P3 and P4. The petitioners are stated to have submitted a representation dated 20.11.2015 (Annexure P5) to respondent No.2 i.e., the Senior Superintendent of Police, Kurukshetra for redressal of their grievance. Notice of motion to the Advocate General, Haryana. On the asking of the Court, Mr. Siddharth Sanwaria, Deputy Advocate General, Haryana 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 validity of their marriage or the validity and genuineness of the certificates appended with the petition, respondent No.2 - the Senior Superintendent of Police, Kurukshetra is directed to decide the representation dated 20.11.2015 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 ) November 23 , 2015.

JUDGE 'om'

OMKAR SINGH 2015.11.23 13:13 I attest to the accuracy and authenticity of this document Chandigarh