Sukhjivan Kaur And ANR. v. State Of Punjab And Others

2023:PHHC:077282

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-5167-2023 Decided on : 26.05.2023 Sukhjivan Kaur and another . . . Petitioner(s)

Versus

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

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to official respondent No.1 to 3, to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondent. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Sukhjivan Kaur, aged about 27 years and petitioner No.2 - Kamaljeet Singh Hans, aged about 28 years, have solemnized marriage on 12.04.2023, against the wishes of their family member, arrayed as respondent No.4. Learned counsel for the petitioners further submits that it is the first marriage of both the petitioners. It has been submitted that the private respondent is 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.

Counsel further submits that in regard to the threat perception, he would file the representation to the Senior Superintendent of Police, Police District Jagraon, Ludhiana (respondent No.2), within one week from JAWALA RAM 2023.05.26 19:27 I attest to the accuracy and integrity of this document

2023:PHHC:077282 CRWP-5167-2023 - 2 - today, wherein, they will express all their apprehension. 3.

Notice of motion.

4.

On asking of the Court, Mr. Anmol Singh Sandhu, AAG, Punjab, accepts notice on behalf of respondent No.1 to 3 (State). 5.

In view of the above, the present petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Police District Jagraon, Ludhiana, that if any representation is moved/filed by the petitioners within the stipulated period, in regard to the threat perception, same would be considered by respondent No.2, qua threat perception, and if there is any substance in it, take necessary steps, in accordance with law, to ensure that the lives and liberty of the petitioners are not jeopardized at the hands of the private respondent.

6.

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.

(SANJAY VASHISTH) JUDGE May 26, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.05.26 19:27 I attest to the accuracy and integrity of this document