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High Court of Punjab and HaryanaCRWP/6750/2020disposed of

Premila Devi And Another v. State Of Punjab And Others

2020-09-03Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP NO. 6750 OF 2020 DATE OF DECISION : 03.09.2020 Premila Devi and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Parvesh Sachdeva, Advocate, for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) The petitioners have approached this Court under Article 226 of Constitution of India, seeking issuance of a writ in the nature of mandamus directing the official respondents to protect their life and liberty as they apprehend threat at the hands of private respondents. 2.

Learned counsel for the petitioners contends that both the petitioners are major and are of mature mind and understand their well being. Petitioner No.1 has left her matrimonial home out of her free will. She wants to live with petitioner No.2 peacefully which is not acceptable to the private respondents and as such, both the petitioners are running from pillar to post to save their lives from private respondents under constant threat of being eliminated.

SONU 2020.09.04 09:30 I attest to the accuracy and integrity of this document

3.

In the premise, the petitioner No.1 also submitted representation dated 28.08.2020 to Senior Superintendent of Police, Fazila, but no action has been taken till date. Hence, the petition.

4.

Heard.

5.

Without going into the merits of legitimacy of the relationship of the petitioners, I am of the view that the petitioners are entitled to seek protection of their life and liberty, even if it is a case of no marriage but merely a consensual friendship and/or relationship. For sure, petitioners can not be punished for it by way of paying for their life, for there are is proper recourse to law for that, in case their relationship is not permissible in law.  6.

In the premise, the petition is disposed of with a direction to respondent No.2 i.e. Senior Superintendent of Police, Fazilka, that the contents of the representation dated 28.08.2020 (Annexure P-1) seeking protection of life and liberty, be duly verified and if necessary, requisite steps be taken, in accordance with law for grant of protection of life and liberty to the petitioners. 7.

Disposed of in above terms.

(ARUN MONGA) SEPTEMBER 03, 2020 JUDGE Shalini Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.09.04 09:30 I attest to the accuracy and integrity of this document