Mandeep Kaur And ANR v. State Of Punjab And ORS

CWP No.19675 of 2018 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.19675 of 2018 Date of decision:August 08, 2018 Mandeep Kaur and another

...Petitioners

Versus

State of Punjab and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Sandeep S. Majithia, Advocate, for the petitioners.

***** Rakesh Kumar Jain, J. (Oral) The prayer made in this petition is for the issuance of a writ in the nature of mandamus seeking a direction not to illegally insist upon the presence of the parents of either of the petitioners for the purpose of registration of their marriage and to register their marriage while relying upon the witnesses who had actually witnessed the marriage. In brief, petitioner no.1 was born on 13.05.1995 and petitioner no.2 was born on 20.05.1986. Thus, both have attained majority. Their marriage was solemnized on 29.07.2018 as per the Sikh rites in the presence of Sukhjinder Singh, Gurusharan Singh and Raj Kumar. Petitioner no.1 is pursuing her education in Singapore and her student visa is going to expire on 13.08.2018 and she want to go back to Singapore on 10.08.2018.

Both the petitioners, allegedly approached the Sub Registrar of Marriages, Ludhiana (East), who has allegedly told them that their marriage cannot be registered in the absence of the parents of petitioner no.1. It is alleged that the petitioners has made a representation to the SSP, Patiala on 30.07.2018 because they were Vinod Kumar 2018.08.

CWP No.19675 of 2018 [ 2 ] ***** afraid about their life and liberty which was threatened at the hands of respondent no.5 and his other relatives. The petitioners have, thus, prayed that respondent no.2, i.e. Sub Registrar of Marriages, Ludhiana (East) may be directed to register their marriage without insisting upon the presence of their parents.

I have heard learned counsel for the petitioners and perused the record from which I could not find out any application having been made to respondent no.2 for the purpose of registration of marriage. The petitioners have also not mentioned any provision of law in the writ petition which regulates registration of their marriage and confers powers upon respondent no.2 or any law not to insist upon the presence of parents of either of the petitioners for the purpose of registration of their marriage. The present petition is thus devoid of material particulars and is dismissed, though without any order as to costs. August 08, 2018 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned :

Yes/No Whether reportable :

Yes/No Vinod Kumar 2018.08.13 11:14 I attest to the accuracy and integrity of this document phhc