Akvinder Kaur And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (108+269) Date of Decision:-23.04.2024 Akvinder Kaur and another ......Petitioners

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Virender Soni, Advocate for the petitioners. Mr. Anmol Malik, DAG, Haryana.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed by the petitioners inter alia praying for issuance of mandamus directing respondents No. 2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents.

2.

The petitioner No. 1 is present in Court and the parents of petitioner No. 1 are also present and now since, she is major, she has stated that she wishes to go with her parents and be released from Nari Niketan and more so, she does not wish to keep any contact with petitioner No. 2. She has also levelled certain allegations against petitioner No. 2 after almost 09 months of the filing of the present petition.

-23.

A perusal of the order sheets demonstrates that the petitioner was a minor girl when the present petition was filed and was lodged in Nari Niketan, where, she was repeatedly counseled but she remained adamant in her stand. Now just to entangle petitioner No. 2, she is leveling allegations against him.

4.

It is apparently a case of adolescence love which has now turned sour, at least from petitioner No. 1's side and the petitioner No. 2 being a married man and having three children got into this relationship putting the future of his wife and three minor children at stake. 5.

This Court refrains itself from commenting upon such act and conduct of the petitioners as they had approached only to seek protection and since no threat subsists, hence, no further orders are required to be passed in the present petition.

6.

A report of the Counsellor is also taken on record and has been perused.

7.

This Court also expresses its gratitude and appreciates the efforts made by the Counsellors of the Nari Niketan who helped in resolving this matter.

8.

However, without commenting on those allegations, the present petition which had been filed only for grant of protection of life and liberty of the petitioners and now since there is no apparent threat subsisting qua the petitioners, therefore, the petitioner No. 1 is directed to be released from the Nari Niketan, Sector 26, Chandigarh in the custody of her parents.

9.

However, as a matter of abundant precaution respondent No. 3 is directed to record the statements of parents of petitioner No. 1 wherein

-3they shall undertake and ensure that:

(i) no harm shall be caused to petitioner No. 1; and (ii) Petitioner No. 1 is given proper education; and (iii) Petitioner No. 1 is not forced to get married against her wishes to anyone.

10.

In light of the above, the present petition stands dismissed. 11.

Pending miscellaneous application, if any, also stands of. 12.

The copy of this order be handed over to the parents of petitioner No. 1 under the signature of Bench Secretary to enable the petitioner No. 1 to be released from Nari Niketan, Sector 26, Chandigarh against proper documentation.

(ALOK JAIN) JUDGE April 23, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/N