Gurdass Kumar And ANR v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of Decision: 14.05.2025 Gurdass Kumar and Another ......Petitioner(s) Vs.
State of Punjab and others ......Respondent(s) CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present:
Mr. Vikrant Pujara, Advocate for the petitioners. ---- SUDEEPTI SHARMA.J. (ORAL) 1.
Through the instant petition, as filed under Articles 226/227 of the Constitution of India, the petitioners, who are in a 'live-in relationship', have sought issuance of directions upon the official respondent Nos.2 to 3, to ensure protection of their lives and liberty at the hands of private respondents No. 4 to 7, and, also to restrain the said respondents from harassing the petitioners or interfering in their personal life. 2.
The counsel for the petitioners contends that though both the petitioners have attained the age of majority, as the petitioner No.1 was born on 07.07.2006, while the petitioner No.2 was born on 15.01.2004, however, the petitioner No.1 has not attained the minimum age, as prescribed by statute, for solemnizing marriage i.e. 21 years. The petitioners have appended their respective Aadhar Cards as Annexures P-1 and P-2 with the instant petition. He further contends that since the petitioner No.1 has not yet attained the minimum age prescribed for solemnizing marriage i.e. 21 years, therefore, the petitioners have been living in 'live-in
-2relationship'. He further contends that their 'live-in relationship' has caused grievance to the private respondents.
3.
It is averred in the petition, that earlier petitioner No.2 -Pooja was married to respondent No.4-Rajan but after the marriage, respondent No.4 used to beat petitioner No.2 - Pooja on the demand of dowry. Thereafter, he has thrown out petitioner No.2 out of his house. Consequently, petitioner No.2 started living with petitioner No.1. Since, the private respondents are extending life threats to petitioners to face with dire consequences through mobile, therefore, the petitioners made a representation dated 04.05.2025 (Annexure P-3) to the respondent no.2, expressing therein their apprehension qua danger to their lives at the hands of the private respondents.
4.
The learned counsel for the petitioners has submitted that he would be satisfied in case the respondent no.2- Senior Superintendent of Police, Hoshiarpur, District Hoshiarpur, is directed to look into the representation (supra) and after considering threat perception to the petitioners, to take appropriate action.
5.
Notice of motion to the official respondent(s) only. 6.
On the asking of the Court, Ms. Ramta Chowdhary, DAG Punjab, accepts notice on behalf of the official respondents. 7.
Without commenting anything as regards the veracity of the averments made in the petition and also as regards the sanctity of alleged relationship of the petitioners, this Court deems it appropriate to dispose of
-3the present petition with a direction to respondent no.2- Senior Superintendent of Police, Hoshiarpur, District Hoshiarpur, to consider the representation (supra) and to take appropriate action in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken at the earliest, so as to ensure that no harm is caused to the petitioners. 8.
It is, however, clarified that this order shall not be taken to be any expression as regards the alleged relationship of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.
9.
Disposed of accordingly 10.
Pending application(s), if any, also stand disposed of. May 14, 2025 (SUDEEPTI SHARMA) tripti JUDGE Whether speaking/reasoned:
Speaking Whether reportable:
Yes / No