High Court of Punjab and HaryanaCRWP/9427/2020disposed of

Jaswinder Kaur And Another v. State Of Punjab And Others

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

CRWP No.9427 of 2020 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.9427 of 2020 Date of Decision: 12.11.2020 Jaswinder Kaur and Anr.

......Petitioners

Versus

State of Punjab and Ors.

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

Present:

Mr. D.S. Nigha, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Article 226 of the Constitution seeking direction to respondent Nos.2 & 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondent Nos.4 & 5.

It has been averred that the date of birth of petitioner No.1 is 14.05.1990 while date of birth of petitioner No.2 is 04.04.1992. Copies of Aadhar Card of petitioner No.1 and petitioner No.2 to this effect are attached as Annexures P-1 and P-2 respectively. It has been submitted that the marriage of the petitioners was solemnized on 30.10.2020 at Gurudwara Akalgarh Sahib, Village Karor Kalan, Tehsil Kharar, Mohali. Copy of Certificate of the marriage is attached as Annexure P-3. Private respondent Nos.4 & 5 are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 30.10.2020 (Annexure P-4) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondent. MANOJ KUMAR 2020.11.12 20:30 I attest to the accuracy and integrity of this document

CRWP No.9427 of 2020 #2# 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