Neha And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 01.06.2023 Neha and another . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Kamaldeep Kaur, Advocate for the petitioner(s).

**** SANJAY VASHISTH , J. (Oral) 1.

By way of filing this petition, petitioners seek necessary protection of their lives and personal liberty in view of the fact that they have not solemnized their marriage so far and are living in a live-in relationship and are under eminent threat at the hands of respondents No.4 & 5. 2.

Counsel for the petitioners submits that petitioner No.1 - Neha, aged above 19 years, and petitioner No.2 - Monu, aged about 22 years, are living in a live-in relationship, and they belong to different religions. Petitioner No.1 belongs to Mohamedan religion, whereas, petitioner No.2 belongs to Hindu religion. In the context of threat perception at the hands of private respondents No.4 & 5, petitioners have allegedly moved representation dated 26.05.2023 (Annexure P-3) to the Superintendent of Police, Hansi, (respondent No.2), wherein, all the apprehensions qua their lives and liberty have been expressed.

3.

Learned counsel further submits that in case protection is provided to the petitioners, thereafter, petitioner No.1 would take necessary steps for filing of appropriate application before the concerned authority in

- 2 - accordance with law for the conversion of religion. 4.

Notice of motion to respondents No.1 to 3 only. 5.

On asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana, Haryana, accepts notice on behalf of State-respondents No.1 to 3. Let requisite copies of the complete paper book be supplied to learned State counsel during course of the day. 6.

Since petitioners have not contracted any marriage and seek only protection qua their lives and personal liberty, and for the same already representation dated 26.05.2023 (Annexure P-3) is pending, it would be appropriate to direct respondent No. 2 to have a fair look to the said representation, on the grievance of the petitioners in order to ascertain veracity of allegations made by them.

7.

Respondent No.2 would be at liberty to devise his/her own mechanism to ascertain the truth. He/she would also be at liberty to join the petitioners or any other person acquainted with facts in issue. If the innocence of the petitioners is established, then respondent No.2 shall proceed to take appropriate action in order to protect lives and personal liberty of the petitioners from being invaded by private respondents No.4 & 5.

8.

The aforesaid order is being passed at this stage without meaning anything on the status of the parties on the basis of live-in relationship and age of petitioners. Respondent No.2 would consider and pass necessary order without being influenced by any statement of fact recorded herein-above.

9.

Besides above, petitioner No.1 is directed to move an appropriate application before the Deputy Commissioner-cum-District

- 3 - Magistrate, Hisar under 'the Haryana Prevention of Unlawful Conversion of Religion Act, 2022' for allowing the conversion of religion, in accordance with law, within a period of one week from today. Thereupon, the authority concerned is expected to decide the same, within the stipulated period, as per law.

10.

Petition stands disposed of accordingly.

(SANJAY VASHISTH) JUDGE June 01, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No