Gursharan Kaur And ANR v. State Of Punjab And ORS

CRM No.M-6012 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 6012 of 2015(O&M) Date of Decision: February 23, 2015.

Gursharan 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 Mr. Rishu Mahajan, 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.5 to 7 and other relatives because they are stated to have contracted marriage between themselves on 18.02.2015 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 11.05.1995 and 23.05.1988, respectively. True copies of Matriculation Examination certificates of both the petitioners have been appended with the OMKAR SINGH 2015.02.23 17:23 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-6012 of 2015 [2] petition as Annexures P1 and P2. A copy of the Marriage Certificate and the photographs of the marriage are also placed on record as Annexure P3. The petitioners are stated to have submitted a representation dated 20.02.2015 (Annexure P4) to respondent No.2 i.e., the Commissioner of Police, Amritsar for redressal of their grievance.

Notice of motion to the Advocate General, Punjab. On the asking of the Court, Mr. Gurinder Jit Singh, 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 - Commissioner of Police, Amritsar is directed to decide representation dated 20.02.2015 submitted by the petitioners 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 23, 2015.

JUDGE 'om'

OMKAR SINGH 2015.02.23 17:23 I attest to the accuracy and authenticity of this document Chandigarh