Manisha Sharma And Another v. State Of Punjab And Others

2023:PHHC:064008

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4302-2023 (O&M) Decided on :04.05.2023 Manisha Sharma and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Gautam Thapar, Advocate for the petitioners. **** SANJAY VASHISTH, J. (Oral) 1.

Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No. 2 and 3 to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. 2.

Learned counsel for petitioners submits that petitioner No.1 - Manisha Sharma, aged about 18 years and petitioner No.2 - Babbal, aged about 19 years are major, but petitioner No. 2 is not of marriageable age being of 19 years, still they have got married on 27.04.2023 against the wishes of their family members, arrayed as respondents No.4 to 6. However, counsel for the petitioners submits that said marriage is voidable and not a void marriage and it is first marriage of both the petitioners. It has been further submitted that private respondents are threatening to interfere in the matrimonial life of petitioners. Hence, petitioners are seeking protection in that regard and have approached this Court by way of filing the instant petition.

They have also submitted a representation dated 27.04.2023 (Annexure P-4), to respondent No.2- The Police Commissioner, District Jalandhar, Punjab, wherein, they have expressed their apprehension. 3.

Notice of motion.

4.

On advance notice, Mr. J.S. Arora, DAG, Punjab, who is present RIYA 2023.05.04 12:20 I attest to the accuracy and integrity of this document

CRWP-4302-2023 - 2 - 2023:PHHC:064008 in the Court, accepts notice on behalf of respondent Nos. 1 to 3 (State). 5.

In view of the above, present petition is disposed of with a direction to respondent No.2 -The Police Commissioner, District Jalandhar, Punjab, to look into the representation dated 27.04.2023 (Annexure P-4), qua threat perception and if there is any substance in it, take necessary steps, in accordance with law, to ensure that lives and liberty of the petitioners, is not jeopardized at the hands of the private respondents. 6.

However, this direction will not validate the marriage said to have taken place between the parties and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

7.

Disposed of.

(SANJAY VASHISTH) JUDGE 04.05.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.05.04 12:20 I attest to the accuracy and integrity of this document