Lovsheen Kaur And ANR v. State Of Punjab & ORS
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM No.M- 5263 of 2015(O&M) Date of Decision: February 16, 2015.
Lovsheen Kaur @ Jawata Afnan 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. S.P.Soi, 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 respondent No.6 and other relatives because they are stated to have contracted marriage between themselves on 12.02.2015 against the wishes of the said respondent. 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. Petitioner No.1 is a citizen of Bangladesh. She submits that her mother is not against the marriage. Her father, however, is not agreeable and she apprehends danger to her life and liberty as well as that of petitioner No.2 at his hands. It is contended that in case any individual irrespective of their
[2] nationality fears for his/her life and liberty, he/she is entitled to approach this Court for protection thereof.
It is contended that the petitioners are major, their dates of birth being 16.08.1988 and 11.06.1988, respectively. True copies of Birth Certificate issued by Office of Registration Death and Birth, Dighi Union Council, Manikganj Sadar, Manikganj (Bangladesh) as well as copy of passport of petitioner No.1 and Birth Certificate issued by Chief Registrar (Birth and Death), Punjab as well as copy of passport of petitioner No.2 have been appended with the petition as Annexures P1 to P4. Photographs of the marriage and a copy of the Marriage Certificate are also placed on record as Annexures P6 and P7.
It is submitted that petitioners had approached Senior Superintendent of Police, Patiala and Ludhiana i.e., respondents No.2 and 3, respectively, but their representation (Annexure P5) was not entertained. 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 5. 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, respondents No.2 and 3 - Senior Superintendent of Police, Patiala and Ludhiana are directed to decide representation dated 12.02.2015 and take appropriate action keeping in view the threat perception to the petitioners.
[3] 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 16, 2015.
JUDGE 'om'