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High Court of Punjab and HaryanaCRM-M/6674/2017disposed of

Sunita Devi And Another v. State Of Punjab And Others

2017-02-28Mr. Justice Satpal2 pages

CRM No.M-6674 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl.Misc. No.M- 6674 of 2017(O&M) Date of Decision: February 28 , 2017.

Sunita Devi 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. D.S.Nigha, Advocate for Mr. A.S.Khinda, 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.4 to 8 and other relatives because they have married each other on 25.02.2017 against the wishes of the said respondents. Both the petitioners are present in Court and on being asked submit that they have solemnized marriage between themselves out of their own free will and volition. It is contended that the petitioners are major, their dates of birth being 12.05.1986 and 25.03.1992, respectively. True copies of passport of petitioner No.1 and Adhaar Card of petitioner No.2 have been appended with the petition as Annexures P1 and P2, respectively. A copy of the Marriage Certificate and the photographs of the marriage are also placed on record as Annexures P4 and P5, respectively. It is submitted that the petitioners have Omkar Singh 2017.03.02 11:19 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-6674 of 2017 [2] submitted a representation dated 25.02.2017 (Annexure P5) to respondent No.2 i.e., the Senior Superintendent of Police, Hoshiarpur for redressal of their grievance but no action has been taken thereon. Notice of motion to the Advocate General, Punjab. On the asking of the Court, Mr. Deepak Garg, Assistant Advocate General, Punjab accepts notice on behalf of respondents No.1 to 3. A copy of the petition has been handed over to learned counsel for the State. 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 - Senior Superintendent of Police, Hoshiarpur is directed to decide representation dated 25.02.2017 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 28 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.03.02 11:19 I attest to the accuracy and authenticity of this document Chandigarh