Sandhaya And Another v. Union Territory Chandigarh And ORS

CRWP No. 7174 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 7174 of 2021 DATE OF DECISION :- August 02, 2021 Sandhya and another

...Petitioners

Versus

Union Teritory Chandigarh and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Mandeep, Advocate for the petitioners.

*** The case has been taken up through Video Conferencing. It is stated that petitioner No.1 - Sandhya, aged about 22 years has got married with petitioner No.2 - Deepak, aged about 27 years against wishes of her family members, arrayed as respondents No.4 to 10, who are threatening to interfere in their marital life, as such to seek protection in that regard, they have approached this Court by way of filing the present petition. It is further stated that the petitioners had submitted a written representation to respondent No.2 - Superintendent of Police, Chandigarh dated 29.7.2021 seeking protection, copy of the same being Annexure P-4 without evoking any response so far.

Notice of motion.

Mr. Anupam Bansal, APP U.T., Chandigarh has accepted notice on behalf of U.T. Chandigarh. He states that the local police had recorded statement of mother of petitioner No. 1 Sandhya namely Sarita Mishra, who had stated that her husband Girdhar Mishra has expired and PARVINDER SINGH 2021.08.02 15:00 I attest to the accuracy and integrity of this document

CRWP No. 7174 of 2021 her daughter Sandhya, aged about 23 years has got married with Deepak, aged about 27 years without her consent but she would not give any threat to them. Similar statement has been made by Rahul Mishra, brother of petitioner No. 1. Statements of Kishori Lal respondent no. 9 and Ganga Devi respondent No. 10 have also been recorded. Copies of such statements have been placed on record. However, learned counsel for the petitioners has submitted that threat to the petitioners at the hands of private respondents is still there.

The petition is disposed of directing respondent No.2Superintendent of Police, Chandigarh, to look into the representation Annexure P-4, assess threat perception to the petitioners and if he finds that some action in the matter is warranted, then the needful be done in accordance with law. However, this order shall not validate the marriage between the petitioners and shall not have any effect on any civil or criminal action to which the petitioners may be found liable, under the law. (H.S. MADAAN) JUDGE August 02, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2021.08.02 15:00 I attest to the accuracy and integrity of this document