Hifza Nadeem And Another v. State Of Ut And Others

2023:PHHC:077644

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-5294-2023 Decided on : 29.05.2023 Hifza Nadeem and another . . . Petitioner(s)

Versus

State of UT and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Deepak Jaglan, 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 respondents No.2 & 3, to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Hifza Nadeem, aged about 24 years and petitioner No.2 - Ritik Khan, aged about 23 years, have performed nikah on 26.05.2023, against the wishes of their family members, arrayed as respondents No.4 & 5. Learned counsel for the petitioners further submits that it is the first marriage of both the petitioners. Learned counsel for the petitioners submits that ignoring the affidavit regarding conversion dated 25.05.2023 (Annexure P-3) attached with the petition, petitioner No.2 would take necessary steps in accordance with law for the conversion of religion. It has been submitted that the private respondents are 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. They have KAVITA NAIN 2023.05.29 17:43 I attest to the accuracy and integrity of this document order/judgment

2023:PHHC:077644 CRWP-5294-2023 - 2 - also submitted a representation dated 26.05.2023 (Annexure P-5), to respondent No.2 - Superintendent of Police, UT Chandigarh, wherein, they have expressed their apprehension.

3.

Notice of motion.

4.

On advance notice, Ms. Roopse Sharma, Advocate for Mr. Anil Kumar Lamdharia, Addl. PP UT Chandigarh, accepts notice on behalf of respondents No.1 to 3 (State).

5.

In view of the above, the present petition is disposed of with a direction to respondent No.1 - Director General of Police, UT Chandigarh, to direct Superintendent of Police, UT Chandigarh to look into the representation dated 26.05.2023 (Annexure P-5), 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 respondents.

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 29, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2023.05.29 17:43 I attest to the accuracy and integrity of this document order/judgment