High Court of Punjab and HaryanaCRWP/8037/2021disposed of

Najma And ANR v. State Of Punjab And Others

2021-08-25Mr. Justice Jasgurpreet Singh Puri2 pages

CRWP-8037-2021 (O&M) THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-8037-2021 (O&M).

Decided on: August 25, 2021.

Najma and another .. Petitioners

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.A.P.S.Rehan, Advocate, for Mr.Sandeep Godara, Advocate, for the petitioners.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Article 226 of the Constitution of India, seeking issuance of appropriate directions to respondent Nos.2 and 3 to protect the life and liberty of the petitioners from respondent Nos.4 to 6.

Learned counsel for the petitioners has submitted that both the petitioners are 18 years and 6 months old and they have solemnized marriage with each other with their own free consent and since the marriage is not acceptable to private respondents, they are apprehending imminent RAJ KUMAR ARORA 2021.08.27 12:46 I attest to the accuracy and integrity of this document

CRWP-8037-2021 (O&M) threat from the private respondents. He has also relied upon judgment of the Hon'ble Supreme Court in Hardev Singh Vs Harpreet Kaur & Ors. 2020

(1) RCR (Crimiinal), 238, that 18 years old boy can marry. The scope of the present petition is confined only to the grant of protection of life of the petitioners and does not pertain to the validity of marriage, irrespective of the age of any of the parties.

Notice of motion to respondent Nos.1, 2 and 3 only. Mr.Randhir Singh Thind, DAG, Punjab, accepts notice on behalf of the aforesaid respondents.

In view of the facts and circumstances of the present case since the petitioners are facing imminent threat from the private respondents, it is directed that respondent No.2 - Senior Superintendent of Police, Pathankot, shall look into the representation dated 18.8.2021, Annexure P-4, filed by the petitioners by way of registered post and assess the threat perception of the petitioners and thereafter, if so required, take appropriate steps for ensuring the protection of life of the petitioners in accordance with law.

Disposed of accordingly.

August 25, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2021.08.27 12:46 I attest to the accuracy and integrity of this document