Priya And ANR v. State Of Punjab And ORS

CRM No.M-39909 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 39909 of 2015(O&M) Date of Decision: November 24 , 2015.

Priya and another ...... PETITIONER (s)

Versus

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

Present:

Petitioners in person with Mr. Lakhwinder Singh Mann, 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, 5 and other relatives because they have contracted marriage between themselves on 23.11.2015 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 age being 21 and 32 years, respectively. True copies of Adhaar Cards of both the petitioners have been appended with the petition as Annexures P1 and P2 though perusal of same shows that no specific date is mentioned and only the years of birth i.e., OMKAR SINGH 2015.11.24 14:09 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-39909 of 2015 [2] 1994 and 1983 have been mentioned. Copy of the Marriage Certificate and photographs of the marriage are also placed on record as Annexures P3 and P4. Petitioners are stated to have submitted a representation dated 23.11.2015 (Annexure P5) to respondent No.2 i.e., the Senior Superintendent of Police, Batala for redressal of their grievance.

Notice of motion to the Advocate General, Punjab. On the asking of the Court, Mr. S.S.Chandumajra, Additional 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, Batala is directed to decide representation dated 23.11.2015 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 24 , 2015.

JUDGE 'om'

OMKAR SINGH 2015.11.24 14:09 I attest to the accuracy and authenticity of this document Chandigarh