Yogita Devi And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP No.7985 of 2021 Date of Decision : 23.08.2021 Yogita Devi and another ..... Petitioners

Versus

State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr. Sandeep Saini, Advocate, for the Petitioners.

SUDIP AHLUWALIA J. (ORAL) Both the Petitioners seek protection of their life and liberty by contending that both of them having attained the age of majority, have married each other against the wishes of their respective family members Respondent Nos.4 to 11, and so seek appropriate protection from the authorities. They submitted a representation (Annexure P-5) in this regard to the Superintendent of Police, Karnal on 19.08.2021, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents. 2.

Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in support of which, Marriage Certificate issued by "Shri Bhramri Devi Jan Kalyan Sanstha (Regd.00616), 222 Mansa Devi Market, Sector-4, Panchkula " and photographs (Annexures P-3 and P-4) have been placed on record.

APURVA 2021.08.23 18:38 I attest to the accuracy and integrity of this document

CRWP No.7985 of 2021 -23.

For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to protect the citizen's right to life and liberty. 4.

Thus the Superintendent of Police, Karnal is directed to consider the representation dated 19.08.2021 (Annexure P-5) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

5.

It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the documents placed on record being their Aadhar Cards. This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s). 6.

The petition is disposed off with the above direction. August 23, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No APURVA 2021.08.23 18:38 I attest to the accuracy and integrity of this document