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High Court of Punjab and HaryanaCRWP/6436/2023disposed of

Jaspreet Kaur And ANR. v. State Of Punjab And Others

2023-06-30Mr. Justice Harsh Bunger2 pages

2023:PHHC:082605 CRWP-6436-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-6436-2023 Date of Decision: 30.06.2023 Jaspreet Kaur and another

...Petitioners

Versus

State of Punjab and others

...Respondents

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

Ms. Jyotika Panesar, Advocate for the petitioners.

HARSH BUNGER, J. (ORAL) 1.

Prayer in the instant petition, filed under Article 226 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 9. 2.

Learned counsel for the petitioners submits that petitioner No.1Jaspreet Kaur, aged about 18 years and petitioner No.2-Dharampal Singh, aged about 30 years, have got married on 24.06.2023, against wishes of the family members / relatives / friends of petitioner No. 1 (Jaspreet Kaur), arrayed as respondent Nos. 4 to 9. 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.

A photograph of the marriage of petitioners has been handed over in Court today, which is taken on record, subject to all just exceptions and is marked as "MARK-A".

4.

Notice of motion to respondent Nos. 1 to 3-State only. HIMANI GUPTA 2023.06.30 17:24 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

2023:PHHC:082605 CRWP-6436-2023 5.

On the asking of the Court, Mr. Inderpreet Singh Kang, A.A.G. Punjab, who is present in the Court, accepts notice on behalf of respondent Nos. 1 to 3-State.

6.

Given the nature of the order being passed, there is no necessity to seek any response by the official respondents or even to serve the private respondents No.4 and 9.

7.

In view of the above, present petition is disposed of with a direction to respondent No. 2 -Senior Superintendent of Police, Fatehgarh Sahib, to look into the representation dated 24.06.2023 (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 30, 2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2023.06.30 17:24 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh