High Court of Punjab and HaryanaCRWP/9426/2020disposed of

Komalpreet Kaur And ANR v. State Of Punjab And Others

2020-11-12Mr. Justice Harinder Singh Sidhu2 pages

CRWP No.9426 of 2020 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.9426 of 2020 Date of Decision: 12.11.2020 Komalpreet Kaur and Anr.

......Petitioners

Versus

State of Punjab and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. TPS Bhatti, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Article 226 of the Constitution seeking direction to official respondents to provide protection to the lives and liberty of the petitioners at the hands of private respondents. It has been averred that the date of birth of petitioner No.1 is 12.09.1999 while date of birth of petitioner No.2 is 15.10.1999. Copy of Aadhar Card of petitioner No.2 to this effect is attached as Annexures P-1. A supportive affidavit of petitioner No.1 proving her date of birth is also attached with the petition since all documents qua age proof of petitioner No.1 are stated to be in custody of her annoyed parents, who refused to return the same to her.

It has been submitted that the marriage of the petitioners was solemnized on 05.11.2020 at Historical Gurudwara Mata Ganga Ji GT Road Baba Bakala Sahib (Amritsar). Copy of Certificate of the marriage is attached as Annexure P-2. Private respondents are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 06.11.2020 (Annexure P-4) MANOJ KUMAR 2020.11.12 20:30 I attest to the accuracy and integrity of this document

CRWP No.9426 of 2020 #2# to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondent.

After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh v. State of U.P. And another, 2006(2) SCC (Criminal) 478, the present petition is disposed of with direction to respondent No.2 to look into the said issue and take necessary action in accordance with law.

November 12, 2020 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2020.11.12 20:30 I attest to the accuracy and integrity of this document