High Court of Punjab and HaryanaCRWP/7499/2020disposed of

Roli And Another v. State Of Punjab And Others

2020-09-22Mr. Justice Vivek Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-7499-2020 Date of decision: 22.09.2020 ROLI AND ANR.

...PETITIONERS

VERSUS

STATE OF PUNJAB AND ORS.

...RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIVEK PURI

Present:

Mr. Kuldip Singh, Advocate for the petitioners.

**** (The case has been taken up through video conferencing on account of Covid-19 Pandemic) VIVEK PURI,J. (ORAL) Heard.

Learned counsel for the petitioners has relied upon a judgment of the Hon'ble Supreme Court of India in the case of Nandakumar and another Versus State of Kerala and others, AIR 2018 SC 2254 and judgment of this Court in CWP No. 31834 of 2019 titled as Megha and another Versus State of Haryana and others, decided on 04.11.2019.

It has been stated by the learned counsel for the petitioners that the petitioners have solemnized marriage and are apprehending danger to their lives and liberty at the instance of respondents No.4 to 6. It has been further stated that petitioner No.2 has not attained the age of valid marriage and have already submitted a representation dated 16.09.2020 (Annexure P-5) to respondent No.2. Without dilating further, suffice it to say that the Court is primarily concerned with the petitioners' right to protect their lives and liberty against any perceived threat at the instance of third party as such right has been guaranteed to them as per Article 21 of the Constitution of India. Notice of motion to official respondents only. RENU BALA 2020.09.23 14:19 I attest to the accuracy and integrity of this document

CRWP-7499-2020 -2Mr. Saurav Khurana, DAG, Punjab, accepts notice on behalf of respondent-State.

Without making any further observations on the merits or legality and validity of the relationship, the petition is disposed of with a direction to respondent No.2 to look into the grievance of the petitioners as projected through a representation dated 16.09.2020 (Annexure P-5) in accordance with law and furthermore, take remedial action if the apprehension of danger is real and genuine one.

This order is not to be construed as any opinion with regard to the legality and validity of the relationship, or the age of the petitioners or with regard to any civil or criminal proceedings.

22.09.2020 (VIVEK PURI) renubala JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No RENU BALA 2020.09.23 14:19 I attest to the accuracy and integrity of this document