Asha Rani And Another v. State Of Haryana And Others

CRWP-6647-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-6647-2022 Date of Decision: 13.07.2022 Asha Rani and another ......Petitioners

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Amit Kashyap, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Article 226 of the Constitution seeking direction to respondent Nos.2 & 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondent No.4.

It has been averred that the date of birth of petitioner No.1 is 23.03.1982 while date of birth of petitioner No.2 is 01.01.1976. Copies of Aadhar Cards of petitioner Nos.1 & 2 to this effect are attached as Annexures P-1 and P-2 respectively.

It has been submitted that petitioner No. 1 was earlier to married to one Anil Kumar-brother of petitioner No. 2, who died on 15.07.2017. From the said marriage, there are three children. It is submitted that petitioner No. 2 who earlier wed Parveen Kumari, got ex-parte divorce from the Ld. District Judge, Family Court Ambala, vide order dated 31.10.2013. Said Parveen Kumari, thereafter married someone else and is living with her two children. Petitioner No. 2 is stated to have transferred his village land in the name of both the children. The marriage of the MANOJ KUMAR 2022.07.13 18:09 I attest to the accuracy and integrity of this document

CRWP-6647-2022 petitioners was solemnized on 10.07.2022 according to Hindu Rites. The marriage Certificate and the photographs of marriage are attached as Annexure P-3 and Annexure P.4 (colly.) respectively. Private respondent No.4 who is brother of petitioner No. 1 opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 11.07.2022 (Annexure P-5) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondent.

After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh v. State of U.P. And another, 2006(2) SCC (Criminal) 478, the present petition is disposed of with direction to respondent No.2 to look into the said representation and take necessary action in accordance with law.

July 13, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.07.13 18:09 I attest to the accuracy and integrity of this document