High Court of Punjab and HaryanaCRWP/8042/2021disposed of

Sawan Kumar And ANR v. State Of Haryana And Others

2021-08-25Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 25.08.2021 Sawan Kumar and another ....Petitioners

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Suksham Aggarwal, Advocate, for the petitioners.

Mr. Gaurav Bansal, Assistant Advocate General, Haryana. (keeping in view of the advance copy given).

( Through Video Conferencing ) **** HARSIMRAN SINGH SETHI , J. (ORAL) Petitioners are seeking a direction from this Court to respondent No.2 to protect their life and liberty as they apprehend danger to their life & liberty from respondents No.3 and 4 i.e. father and brother of petitioner No.2, who are objecting to the marriage solemnized by the petitioners.

Learned counsel for the petitioners argues that it is most likely that the private respondents might cause physical harm to the petitioners as they have solemnized the marriage against the wishes of respondents No.3 and 4. Learned counsel for the petitioners further argues

-2that both the petitioners are major in age and have solemnized marriage according to Hindu Rites on 16.08.2021 and they want to live their independent life without any interference from the father and brother of petitioner No.2 i.e. respondents No.3 and 4. Learned counsel for the petitioners has drawn attention of this Court to the representation dated 16.08.2021 (Annexure P-6) made by the petitioners to respondent No.2the Station House Officer, Police Station Tarori, District Karnal, seeking protection to their life and liberty.

Notice of motion to respondents No.1 and 2 only. Mr. Gaurav Bansal, Assistant Advocate General, Haryana, who has joined the proceedings through video conference, keeping in view the service of advance copy of petition, accepts notice on behalf of respondents No.1 and 2.

Without making any observation on the merits of the case, especially in respect of the validity of marriage performed by the petitioners, a direction is issued to respondent No.2 to take appropriate decision on the representation, which the petitioners alleged to have made on 16.08.2021 (Annexure P-6), expressing apprehension about danger to their life and liberty at the hands of respondents No.3 and 4 within a period of one month from the date of receipt of the copy of this order. In case any merit is found in the representation, the appropriate action will be taken by respondent No.2 to ensure that no harm is caused to the life and liberty of the petitioners at the hands of the private respondents. It is clarified that this order shall not be treated as an approval of this Court about the marriage of the petitioners and no

-3opinion with regard to the validity of the marriage has been expressed in this order.

The writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) August 25, 2021 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?