Roop Rani And Another v. State Of Punjab And Others

2023:PHHC:074137

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4951-2023 (O&M) Decided on :22.05.2023 Roop Rani and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Impinder Singh Dhaliwal, Advocate for the petitioners. **** 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.

At the very outset, learned counsel for the petitioners submits that date of representation (Annexure P-6) at page No. 26 of the present petition, has been inadvertently mentioned as 22.02.2021, whereas, it was actually sent through registered post on 23.02.2023 and said date has been correctly mentioned in the paragraph No. 9 of the petition. 3.

Learned counsel for petitioners submits that petitioner No.1Roop Rani, aged about 28 years and petitioner No.2- Karam Chand, aged about 23 years, have got married on 09.02.2023 against the wishes of their family members, arrayed as respondents No. 4 and 5. 4.

Counsel further submits that earlier petitioner No. 1 was married to one Toni, aged 33 years, son of Sh. Kirpal Singh, resident of Shiv Colony, near Dhod Palace, Sanaur, Tehsil and District Patiala. But said marriage was dissolved by way of mutual divorce decree dated 18.10.2021 by the Court of Additional Principal Judge, Family Court, Patiala in DMC case No. 401 of 06.04.2021 (Annexure P-3).

RIYA 2023.05.22 17:37 I attest to the accuracy and integrity of this document

CRWP-4951-2023 - 2 - 2023:PHHC:074137 5.

It has been further submitted that private respondents are threatening to interfere in the matrimonial life of petitioners. Hence, 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, sent through a registered post on 23.02.2023 (Annexure P- 6), to respondent No.2 -Senior Superintendent of Police, Patiala, Punjab, wherein, they have expressed their apprehension.

6.

Notice of motion.

7.

On advance notice, Mr. Vinay Kumar Gupta, AAG, Punjab, who is present in the Court, accepts notice on behalf of respondents Nos.1 to 3 (State). 8.

In view of the above, present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Patiala, Punjab, to look into the representation, sent through a registered post on 23.02.2023 (Annexure P- 6), 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 the petitioners, is not jeopardized at the hands of the private respondents. 9.

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. 10.

Disposed of.

(SANJAY VASHISTH) JUDGE 22.05.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.05.22 17:37 I attest to the accuracy and integrity of this document