High Court of Punjab and HaryanaCRWP/7483/2020disposed of

Tamanna And ANR v. State Of Punjab And ORS

2020-09-22Mr. Justice Karamjit Singh2 pages

CRWP-7483-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP-7483-2020 Date of Decision: 22.09.2020 Tamanna and another ....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Naveen Sharma (Moudgil), Advocate, for the petitioners.

KARAMJIT SINGH , J. (Oral) The case has been taken up through Video Conferencing due to prevailing situation of COVID-19.

This petition has been filed under Article 226 of the Constitution of India directing respondent Nos.1 to 3 to protect the life and liberty of the petitioners at the hands of respondent Nos.4 to 7. In this petition, it is alleged that petitioners are in live-inrelationship and have not performed marriage till date. Petitioner No.1Tamanna is aged 22 years while petitioner No.2-Sagar is aged 20 years. The petitioners have already moved an application (Annexure P-3) to respondent No.2 for providing protection to their life and liberty. The same has not been decided by the said police officer till date. Learned counsel for the petitioner has relied upon Nandakumar and another Vs. State of Kerala and others, 2018(2) R.C.R. (Civil) 899 (SC), wherein it was held that if the boy and the girl are not competent to marriage, they have right to live together even outside wedlock.

VIRENDRA SINGH ADHIKARI 2020.09.22 05:05 I attest to the accuracy and integrity of this document

CRWP-7483-2020 -2Notice be issued to the respondent-State.

At this stage, Mr. Joginder Pal Ratra, DAG, Punjab, has accepted notice on behalf of respondent Nos.1 to 3.

I have heard learned counsel for the petitioners as well as learned State counsel.

This petition is disposed of with a direction to respondent No.2, i.e., Senior Superintendent of Police, SAS Nagar (Mohali), Punjab, to look into the representation (Annexure P-3) and assess threat perception to the petitioners and then take suitable action in the matter, if so required. However, this order shall not have any effect on any civil or criminal action to which the petitioners may be found liable, under the law. (KARAMJIT SINGH) JUDGE 22.09.2020 adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2020.09.22 05:05 I attest to the accuracy and integrity of this document