Balwinder Kaur And ANR v. State Of Punjab And ORS
CRM No.M-5423 of 2015 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Crl. Misc. No.M- 5423 of 2015(O&M) Date of Decision: February 19, 2015.
Balwinder Kaur and another ...... PETITIONER (s)
Versus
State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present:
Petitioners in person with Mrs. Suresh Saran, 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 respondents No.4 and 5 and other relatives because they are stated to have contracted marriage between themselves on 16.02.2015 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 27.07.1991 and 17.04.1990, respectively. True copy of Fifth Standard Examination certificate of petitioner No.2 has been appended with the petition as Annexure P2. Only affidavit of petitioner No.1 has been appended with this petition in support of her date of birth as it is stated that she does not have any OMKAR SINGH 2015.02.20 12:02 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-5423 of 2015 [2] documentary proof readily available with her regarding her age as they are on the run and the same are in possession of her parents. A copy of the Marriage Certificate and the photographs of the marriage are also placed on record as Annexures P3 and P4. Petitioner No.1 stated to have submitted a representation dated 16.02.2015 (Annexure P5) to respondent No.2 i.e., the Senior Superintendent of Police, Hoshiarpur for redressal of their grievance. 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 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, Hoshiarpur is directed to decide representation dated 16.02.2015 submitted by petitioner No.1 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 ) February 19, 2015.
JUDGE 'om'
OMKAR SINGH 2015.02.20 12:02 I attest to the accuracy and authenticity of this document Chandigarh