Karishma And Another v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-26.8.2021 Karishma and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kiranpal Rana, Advocate for the petitioners. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents, having married against the wishes of their families.

2.

Without commenting as regards the veracity of the averments made in the petition and also as regards the validity of alleged marriage of the petitioners, the petition is disposed of with a direction to respondent No.2-Commissioner of Police, Amritsar, District Amritsar to look into the matter and to dispose off the representation dated 22.8.2021 (Annexure P-5) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty

( 2 ) of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

3.

A copy of this order alongwith copy of the representation dated 22.8.2021 (Annexure P-5) be sent to respondent No.2-Commissioner of Police, Amritsar, District Amritsar so as to enable him to do the needful expeditiously.

4.

It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the validity of marriage of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.

5.

At this stage, Mr. J.S. Jaidka, Advocate has put in appearance on behalf of respondent No.5. He has submitted that he shall file his power of attorney in the Registry within a period of two days from today. 6.

Learned counsel for respondent No.5 has submitted that infact respondent No.5 has been incorrectly arrayed as a party, whereas she has been separated from her husband i.e. from respondent No.4-Makhan Singh since the last about 15 years and that she has never ever threatened any of the petitioners and that it is incorrect to suggest that the petitioners have any kind of threat perception from respondent No.5. It has also been submitted that from the inquiries made by respondent No.5 at her own level, it has transpired that petitioner No.2-Karanbir Singh is already married. 7.

Having heard learned counsel for respondent No.5, this Court finds that it is a case where both the petitioners are of marriageable age and have categorically stated that they were unmarried at the time of their marriage on

( 3 ) 22.8.2021. In these circumstances, no other direction is required to be issued. However, respondent No.5 would be at liberty to have recourse to appropriate legal remedies if it is actually found that petitioner No.2 was already married at the time of solemnization of his marriage with petitioner No.1.

8.

The petition stands disposed off accordingly. 26.8.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No