Aashima And ANR v. State Of Haryana And Others

2023:PHHC:071273

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4756-2023 Decided on : 17.05.2023 Aashima and another . . . Petitioner(s)

Versus

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

**** 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 - Aashima, aged 24 years, and petitioner No.2 - Paras Bathla, aged 32 years, have got married on 13.05.2023 against the wishes of their family members, arrayed as respondents No. 4 to 9. Learned counsel for the petitioners further submits that it is the first marriage of both the petitioners. It has been submitted that the private respondents 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 13.05.2123 (Annexure P-5), which was sent through email dated 14.05.2023, to respondent No.2 - Superintendent of Police, Kurukshetra, wherein, they have expressed their apprehension.

3.

Notice of motion.

4.

On advance notice, Mr. Vikas Bhardwaj, AAG, Haryana, who is present in the Court, accepts notice on behalf of respondent Nos. 1 to 3 (State).

5.

At this stage, Mr. Kapil Khanna, Advocate appears and files his Vakalatnama on behalf of respondents No.4 & 5 and for respondents No.6 to JAWALA RAM 2023.05.17 18:37 I attest to the accuracy and integrity of this document

2023:PHHC:071273 CRWP-4756-2023 - 2 - 9, he files Memorandum of Appearance, in Court today, same are taken on record. Registry is directed to tag the same at appropriate place. He submits that if any direction is passed for granting protection to the petitioners through the District Police of Kurukshetra, parents of petitioner No. 1, be also afforded an opportunity to appear before the authorities and to make submission in regard to the well being of their daughter by submitting all the facts.

6.

In view of the above, present petition is disposed of with a direction to respondent No.2 - Superintendent of Police, Kurukshetra, to look into the representation dated 13.05.2023 (Annexure P-5), qua threat perception and if there is any substance in it, take necessary steps, in accordance with law, to ensure that lives and liberty of petitioners is not jeopardized at the hands of the private respondents. 7.

However, it would be open for respondent No. 2 - Superintendent of Police, Kurukshetra, to give chance of hearing to the parents of petitioner No. 1 also, if granting of such opportunity may help in developing some harmony in the relations, as per his/her wisdom. 8.

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.

9.

Disposed of.

(SANJAY VASHISTH) JUDGE May 17, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.05.17 18:37 I attest to the accuracy and integrity of this document