← Library
High Court of Punjab and HaryanaCRWP/7361/2021disposed of

Poonam And ORS v. State Of Haryana And ORS

2021-08-06Mr. Justice Jasgurpreet Singh Puri3 pages

THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-7361-2021 (O&M).

Decided on: August 6, 2021.

Poonam and others .. Petitioners

VERSUS

State of Haryana and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Ram Karan Agnihotri, Advocate, for the petitioners.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Article 226 of the Constitution of India, with the prayer to issue a writ in the nature of mandamus directing respondent No.2 and 3 to protect the life and liberty of the petitioners from the hands of private respondents No.4 to 8. Learned counsel for the petitioners has submitted that petitioner No.1 is married to respondent No.8 and there is also one year old child born from their wedlock. He has submitted that petitioner No.1 was got married against her wishes when she was minor but thereafter,

respondent No.8 acted with cruelty towards petitioner No.1 and used to give beatings to her repeatedly and therefore, petitioner No.1 had no other option than to leave respondent No.8. He has submitted that respondent No.8 is a habitual drinker and is repeatedly abusing petitioner No.1. He has submitted that in order to obtain shelter petitioner No.1 along with her minor son has started living with petitioner No.3 but there is imminent threat to their lives at the hands of private respondents that all the three petitioners could be eliminated by them. He has submitted that the petitioners have also moved a representation in this regard vide Annexure P-3 but no action has been taken on the same.

Notice of motion to respondent Nos.1 to 3 only. Mr.Naveen Singh Panwar, DAG, Haryana, accepts notice on behalf of aforesaid respondents and states that he has no objection in case the representation of the petitioners is directed to be taken into consideration and further action is taken in accordance with law. I have heard the learned counsel for the parties. The scope of the present petition is confined only for the protection of life of the petitioners. It does not in any way reflect anything on the inter-se relationship between petitioner No.1 and respondent No.8 and that of between petitioner No.1 and petitioner No.3 but the scope is confined only to the right to life guaranteed under Article 21 of the Constitution of India.

In view of above, this petition is disposed of with direction to respondent No.2 to consider representation dated 2.8.2021

(Annexure P-3) filed by the petitioners and to take the necessary action, if so required, for ensuring the protection of life of the petitioners in accordance with law. The entire exercise be completed within a period of two weeks after the receipt of copy of this order. August 6, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No