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High Court of Punjab and HaryanaCRWP/7930/2022dismissed

Narinder Kaur And Another v. State Of Punjab And Others

2022-08-22Mr. Justice Pankaj Jain2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-7930-2022 Date of decision : 22.08.2022 Narinder Kaur and another ....Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Chandan Singh, Advocate for the petitioners.

PANKAJ JAIN, J. (ORAL) This is a writ petition under Article 226/227 of the Constitution of India for issuance of writ in the nature of mandamus directing the official respondents to protect the life and liberty of the petitioners, who are stated to be in a live in relationship.

As per the law laid down by the Supreme Court in the case of 'D. Velusamy vs. D. Patchaiammal', 2010(10) SCC 469, live-in relationship is a matter of fact which needs to be established by leading cogent evidence. In the present case, the petitioners have not placed on record any document to substantiate that they are in live-in relationship. Mere bald assertion made in the petition cannot be a substitute to the evidence. Apart from the said fact it also needs to be observed that the petitioners represented to the authorities on 16th of August, 2022 (Annexure P-3) and on 18th of August, 2022, the present petition has been filed in tearing hurry without even allowing the official respondents to apply their DEEPAK KUMAR 2022.08.25 06:02 I attest to the accuracy and integrity of this document

CRWP-7930-2022 -2mind w.r.t. threat apprehended by the petitioners. Consequently, the present petition is dismissed being premature. Ordered accordingly.

August 22, 2022 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2022.08.25 06:02 I attest to the accuracy and integrity of this document