High Court of Punjab and HaryanaCRWP/7604/2020disposed of

Rinka Sharma And Another v. State Of Punjab And Others

2020-09-24Mr. Justice Gurmeet Singh Sandhawalia2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.7604 of 2020 Decided on :24.09.2020 Rinka Sharma and another ... Petitioners

Versus

State of Punjab and others ... Respondents CORAM : HON'BLE MR. JUSTICE G.S. SANDHAWALIA Present :

Ms. Sukhveer Kaur, Advocate for the petitioners. Mr. Hitten Nehra, Addl. AG, Punjab.

(The proceedings are being conducted through video conferencing as per instructions.) ***** G.S. Sandhawalia , J. (Oral) In the present petition filed under Articles 226/227 of the Constitution of India, the petitioners seek directions to provide protection to the life and liberty from the private respondents Nos.4 and 5, who are parents of petitioner No.1, on account of their marriage which has taken place on 21.09.2020 as per Hindu rites and rituals at Tridev Snatan Dharam Prachar Samiti (Regd.), Booth No.249, MDC, Sector-4, Panchkula. The photographs of marriage and marriage certificate have been appended as Annexure P-3 and P-4.

The date of birth of petitioner No.1 is 10.09.2002 as per Aadhaar Card (Annexure P-1) and the date of birth of petitioner No.2 is 20.03.1993 as per Aadhaar Card (Annexure P-2). A representation dated 21.09.2020 (Annexure P-5) has also been filed with respondent No.2 in this regard. PARVEEN KUMAR 2020.09.24 16:44 I attest to the accuracy and integrity of this document

CRWP No.7604 of 2020 -2Notice of motion. Mr. Hitten Nehra, Addl. AG, Punjab, accepts notice on behalf of the respondents/State.

After hearing counsel for the petitioners, without commenting upon the validity/legality of the marriage or the age of the petitioners and in view of the binding precedent of the Hon'ble Apex Court in Lata Singh Vs. State of U.P. and another 2006(2) SCC (Criminal) 478, the present petition is disposed of with the direction to respondent Nos.2 and 3 to look into the above said representation filed by the petitioners and take appropriate action in accordance with law and provide protection, if so required.

In case, there is any material concealment about any of the facts mentioned in the petition, it will be open to any of the parties to bring the same to the notice of this Court then this order will be liable to be withdrawn.

(G.S. SANDHAWALIA) 24.09.2020 JUDGE Parveen Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No PARVEEN KUMAR 2020.09.24 16:44 I attest to the accuracy and integrity of this document