Jashanpreet Kaur And Another v. State Of Punjab And Others

CRWP No.9898 of 2021 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.9898 of 2021 Date of Decision: 14.10.2021 Jashanpreet Kaur and Anr.

......Petitioners

Versus

State of Punjab and Ors.

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

Present:

Mr. K.S. Rathour, Advocate for the petitioners. Mr. Vishal Malik, DAG, Haryana.

HARINDER SINGH SIDHU, J The present petition has been filed under Article 226 of the Constitution seeking direction to respondent Nos.2 to 4 to provide protection to the lives and liberty of the petitioners at the hands of private respondent Nos.5 to 9.

It has been averred that both the petitioners are major. Petitioner No.1 was earlier married to respondent No.5 only at the age of 15 and from the wedlock, one male child named Shubjit Singh was born, who is residing with respondent Nos.5 to 8, who are husband, father-in-law, mother-in-law and brother-in-law respectively of petitioner No.1. Respondent No.5-husband of petitioner No.1 used to beat her (petitioner No.1) with respondent Nos.5 to 8 persistently pressurizing her to bring dowry. It is stated that respondent No.9 being parental aunt (Bhua) of petitioner N.1, who had interest in the property of deceased father of petitioner No.1, married her at a young age. Although, petitioner No.1 disclosed of the conduct of respondent Nos.5 to 8 to her family members number of times but to no avail. Ultimately, petitioner No.1 left her MANOJ KUMAR 2021.10.15 12:49 I attest to the accuracy and integrity of this document

CRWP No.9898 of 2021 #2# matrimonial home and now, the petitioners are living together in a live- in relationship. Parents-in-law and other relatives of petitioner No.1 are unhappy with this relationship, therefore, the petitioners apprehend danger to their lives at the hands of private respondents. In this regard, the petitioners have submitted representation dated 10.10.2021 (Annexure P-1) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondents.

After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the legal status of the relationship of the petitioners the present petition is disposed of with direction to respondent No.2 to look into the said representation with regard to safeguarding life and liberty of the petitioners and take necessary action as may be necessary, in accordance with law.

It is clarified that this order is limited to protection of life and liberty of the petitioners. It does not and cannot confer immunity to the petitioners from any legal action at the hands of spouse of petitioner No.1 and her rights/obligations/responsibilities arising out of her subsisting marriage.

October 14, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.10.15 12:49 I attest to the accuracy and integrity of this document