High Court of Punjab and HaryanaCRWP/6959/2020disposed of

Heena Rani And ANR v. State Of Punjab And Others

2020-09-09Mr. Justice Harsimran Singh Sethi3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (114) Date of Decision : 09.09.2020 Heena Rani and another ....Petitioners

Versus

State of Punjab and others .....Respondents (through video conferencing) CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. S.S. Kainth, Advocate, for the petitioners.

*** Harsimran Singh Sethi, J. (Oral) In the present writ petition, the prayer of the petitioners is that their life and liberty be protected as they apprehend threat to their life and liberty at the hands of respondent No.4 and 5. Admittedly, petitioner No.1 is not of a marriageable age as she is 17 years old. It has been averred that mother of petitioner No.1 i.e. respondent No.4 is being visited by respondent No.5 and respondent No.5 is keeping a bad eye upon petitioner No.1, who is stated to be in a relationship with petitioner No.2 already for the last many years. Learned counsel for the petitioners submits that as petitioner No.1 apprehends threat to life and liberty, both the petitioners have solemnized their marriage on 02.09.2020.

Notice of motion.

Mr. Sandeep Singh Deol, learned Deputy Advocate General, Punjab, who has also joined the proceedings through video conference, accepts notice on behalf of the respondent-State. As petitioner No.1 is a minor and has expressed her unwillingness to go and reside with her mother i.e. respondent No.4, the respondent-State of Punjab is directed to provide shelter to petitioner No.1 in Nari Niketen or Female Shelter Home, at Jalandhar, as the case may be, for her safe custody. Further, petitioner No.1 will remain in Nari Nikten or Female Shelter Home, till she attains the age of majority and after attaining the age of majority, she will be at liberty to decide her future whether she wants to live with petitioner No.2 or not. Petitioner No.

1 before she attains the age of majority, if changes her mind to live with her mother, she will move an application to the said effect to the head of the Institution, where she has been lodged and the head of the Institution will be free to pass appropriate orders which are beneficial for securing the life and liberty of petitioner No.1. As a precautionary measure, before petitioner No.1 is allowed to go with her mother (respondent No.4), an affidavit be sought from respondent No.4 that there will be no danger to the life and liberty of petitioner No.1 while she is residing with her. Keeping in view the information given to this Court that petitioners have been found within the jurisdiction of Patiala Police and are in their touch, the concerned officials of Patiala Police are directed to ensure that petitioner No.

1 is provided safe shelter either in Nari Niketan or Female Shelter Home, at Jalandhar, as directed above so that there is no harm caused to the life and liberty of petitioner No.1 in interregnum.

petitioner No. 1 is safe in Nari Niketan or in the Female Shelter Home, where she will be living in pursuance to this order, by periodically check up. Present petition stands disposed of accordingly. September 09, 2020 ( HARSIMRAN SINGH SETHI ) kanchan/naresh.k JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No