Mohammad Dilshad Ansari And ANR. v. State Of U.T. Chandigarh And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-6438-2023 (O&M) Date of Decision: 30.06.2023 MOHAMMAD DILSHAD ANSARI AND ANOTHER

...Petitioners

Versus

STATE OF U.T. CHANDIGARH AND OTHERS

...Respondents

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

Mr. Vipan Kumar, 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.1 to 3, to provide protection of life and liberty to the petitioners, who have married against wishes of private respondent Nos. 4 to 11. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Mohammad Dilshad Ansari, aged about 22 years and petitioner No.2 - Rihan Baby, aged about 22 years, have got married on 26.06.2023, against wishes of the family members / relatives / friends of both the petitioners, arrayed as respondent Nos.4 to 11. 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.

Learned counsel for the petitioners has placed on the record the marriage photographs of the petitioners, showing the factum of their HIMANI GUPTA 2023.07.01 15:15 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CRWP-6438-2023 (O&M) -2marriage, which are taken on record, subject to all just exceptions and marked as `MARK `A'.

4.

Notice of motion to respondent Nos. 1 to 3-State only. 5.

On the asking of the Court, Mr. Anil Kumar Lamdharia, Additional Public Prosecutor, Union Territory, Chandigarh, who is present in the Court, accepts notice on behalf of respondent Nos. 1 to 3-State. 6.

In view of the above, present petition is disposed of with a direction to respondent No. 2 - Senior Superintendent of Police, Union Territory, Chandigarh to look into the representation dated 26.06.2023 (Annexure P-4), 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) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2023.07.01 15:15 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh