High Court of Punjab and HaryanaCRWP/8473/2021disposed of

Kusam v. State Of Haryana And Others

2021-09-07Mr. Justice Jasgurpreet Singh Puri3 pages

THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-8473-2021 (O&M).

Decided on: September 7, 2021.

Kusam .. Petitioners

VERSUS

State of Haryana and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Ashish Grewal, Advocate, for the petitioner.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Article 226 of the Constitution of India, by a girl who is of the age of 27 years for issuance of directions to official respondent Nos.1 to 3, to protect the life and liberty of the petitioner at the hands of private respondents No.4 and 5. Learned counsel for the petitioner has submitted that the petitioner was married with respondent No.4 but since respondent No.4 was ill-treating the petitioner, she had no other option than to leave his company and divorce proceedings under Section 13 of the Hindu Marriage Act, are

also pending between the parties. Furthermore, respondent No.5 is the father of the petitioner and he has also not given shelter to the petitioner and therefore, she was forced to live with another person namely Sunil Kumar who gave her shelter and with whom she is living for the last 5 years. Learned counsel for the petitioner has submitted that the petitioner has a right to live at a place of her own choice and it was due to compelling circumstances that she had started living with aforesaid Sunil and now there is an imminent threat to her life at the hands of respondent Nos.4 and 5 who may even kill the petitioner. He has further submitted that a representation dated 2.9.2021, was given to the Superintendent of Police, Yamuna Nagar vide Annexure P-2 through registered post but no action has been taken by the police authorities in this regard and therefore, the present petition has been filed.

Notice of motion to respondent Nos.1 to 3 only. Mr.Deepak Manchanda, Addl. A.G. Haryana, accepts notice on behalf of aforesaid respondents and states that he has no objection in case the representation of the petitioners is directed to be taken into consideration in accordance with law.

I have heard the learned counsel for the parties. The scope of the present petition is confined only to the protection of life of the petitioner. It does not in any way reflect anything on the inter-se relationship between the petitioner and aforesaid Sunil or between the petitioner and the private respondent Nos.4 and 5 or with regard to the validity of their relationship whatsoever.

In view of above, this petition is disposed of with direction to respondent No.2 - Superintendent of Police, Yamuna Nagar, to consider representation dated 2.9.2021 (Annexure P-2) filed by the petitioner and to take the necessary action, if so required, for ensuring the protection of life of the petitioner in accordance with law. Let Needful be done within a period of one week from the date of receipt of copy of this order.

September 7, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No