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High Court of Punjab and HaryanaCRWP/4559/2023disposed of

Sanpreet Kaur And Another v. State Of Punjab And Others

2023-05-19Mr. Justice Sanjay Vashisth3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 19.05.2023 Sanpreet Kaur and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Kuljit Singh, Advocate for the petitioner(s).

**** SANJAY VASHISTH , J. (Oral) CRM-W-700-2023 1.

This is an application moved by applicant-petitioners for preponement of hearing of the date of main case i.e. CRWP-4559-2023, which is fixed for 01.06.2023.

2.

For the reasons stated in the application, prayer made in the application is allowed and the date of hearing in the main case i.e. CRWP4559-2023 is preponed for today itself i.e. 19.05.2023. 3.

Accordingly, application stands disposed of.

CRM-W-701-2023 1.

This is an application moved by applicant-petitioners for placing on record amended memo of parties.

2.

Counsel for the petitioners submits that inadvertently he could not make prayer for impleadment of Rajinder Kaur w/o late Narinder Singh s/o Rajinder Singh r/o village Mandial, District Hoshiarpur, Punjab (mother of petitioner No.1) for impleading her in the memo of parties as respondent No.4, instead of late Narinder Singh. Thus, counsel further prays that aforementioned Rajinder Kaur be impleaded as respondent No.4 in the main petition.

3.

An oral request, is made by counsel for the petitioners to implead Rajinder Kaur w/o late Narinder Singh s/o Rajinder Singh r/o village Mandial, District Hoshiarpur, Punjab as respondent in array of parties.

- 2 - Accordingly oral prayer is accepted and Rajinder Kaur is ordered to be impleaded as respondent No.4.

Amended memo of parties attached with the application is also taken on record.

Office to tag the same at appropriate place on the case file. CR WP-4559-2023 1.

Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to official respondent No.1 to 3, to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondent. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Sanpreet Kaur, aged more than 18 years and petitioner No.2 - Manpreet Singh, aged about 27 years, have solemnized marriage on 08.05.2023, against the wishes of their family members, arrayed as respondent No.4. Learned counsel for the petitioners further submits that it is the first marriage of both the petitioners. It has been submitted that the private respondent are threatening to interfere in the matrimonial life of the petitioners. Hence, the 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 08.05.2023 (Annexure P-5), to respondent No.2 - Senior Superintendent of Police, Hoshiarpur, wherein, they have expressed their apprehension.

3.

Notice of motion.

4.

On asking of the Court, Mr. JS Arora, DAG, Punjab, accepts notice on behalf of respondent No.1 to 3 (State). 5.

In view of the above, the present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Hoshiarpur,

- 3 - to look into the representation dated 08.05.2023 (Annexure P-5), qua threat perception, and if there is any substance in it, take necessary steps, in accordance with law, to ensure that the lives and liberty of the petitioners are not jeopardized at the hands of the private respondent. 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.

(SANJAY VASHISTH) JUDGE May 19, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No