Aarti And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.5166 of 2020 (O&M) DATE OF DECISION: 23.07.2020 Aarti and another .....Petitioners versus State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Krishan Kumar Thakur, Advocate for the petitioner ..

ALKA SARIN, J.: (Oral) Heard through video conferencing.

This is a petition under Articles 226/227 of the Constitution of India seeking protection of life and liberty of the petitioners at the hands of respondent No.4.

It has been contended by the learned counsel for the petitioners that both the petitioners are major. They have both known each other for the last 8 months and wanted to solemnize their marriage. However, the father of petitioner No.1 was against their relationship. Against the wishes of respondent No.4, the petitioners have now solemnized their marriage on 29.06.2020. It is further stated by learned counsel for the petitioners that it is the second marriage of petitioner No.1. She is a widow and her first husband Pardeep Kumar had died on 18.05.2013.

The petitioners approached respondent No.2 by way of a representation dated 03.07.2020 (Annexure P/5) for protection of their life and liberty. However, no action has been taken till date. Notice of motion.

SUNITA NAGPAL 2020.07.27 12:44 I attest to the accuracy and authenticity y of this document Chandigarh

CRWP No.5166 of 2020 (O&M) - 2 - On the asking of the Court, Mr. Pawan Sharda, Sr. DAG, Punjab has joined the session through video conferencing and accepts notice.

Heard learned counsel for the parties.

Without expressing any opinion with regard to the veracity of the contents of the petition and the submissions made by learned counsel for the petitioners, the present petition is disposed of with a direction to the Senior Superintendent of Police, SAS Nagar, Mohali, to consider the representation dated 03.07.2020 (Annexure P-5) and take necessary action as per law.

It is, however, made clear that this order shall not, in any manner, be construed as an expression of opinion on the veracity of the statement made by the petitioners or on the validity of the marriage and shall have no effect on any other civil or criminal proceedings, if any, instituted/pending against them.

(ALKA SARIN) JUDGE 23.07.2020 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO SUNITA NAGPAL 2020.07.27 12:44 I attest to the accuracy and authenticity y of this document Chandigarh