Upasna Devi And ANR. v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-6350-2023 Date of Decision: 27.06.2023 Upasna Devi and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Gaurav Gaur, Advocate for the petitioners.

HARSH BUNGER, J. (ORAL) 1.

Prayer in the instant petition, filed under Article 226/227 of the Constitution of India, is for issuance of directions to respondents Nos.2 and 3, to provide protection of life and liberty to the petitioners, who have married against wishes of private respondent Nos.4 to 6. 2.

Learned counsel for the petitioners submits that petitioner No.1Upasna Devi, aged about 21 years and petitioner No.2-Kamal Kumar, aged about 24 years, have got married on 20.06.2023, against wishes of the family members / relatives / friends of petitioner No. 1 (Upasna Devi), arrayed as respondent Nos. 4 to 6. It has been further submitted that private respondents are threatening and trying to interfere in the marital life of the petitioners. Hence, they are seeking protection in that regard and have approached this Court by way of filing the instant petition. 3.

Notice of motion to respondent Nos. 1 to 3-State only. 4.

On the asking of the Court, Mr. Rupinder Singh Jhund, HIMANI GUPTA 2023.06.27 18:37 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CRWP-6350-2023 -2Additional A.G. Haryana, who is present in the Court, accepts notice on behalf of respondent Nos. 1 to 3-State.

5.

In view of the above, present petition is disposed of with a direction to respondent No. 2 -Superintendent of Police, Panchkula, to look into the representation dated 21.06.2023 (Annexure P-5), qua threat perception, if any, and take necessary steps, if any required, in accordance with law, to ensure that life and liberty of the petitioners is not jeopardized at the hands of private respondents. However, this direction shall not be construed to validate the marriage, said to have taken place between petitioner Nos. 1 and 2. This order shall also not be taken to protect the petitioners from legal action for violation of law, if any, committed by them and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law. June 27, 2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2023.06.27 18:37 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh