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High Court of Punjab and HaryanaCRWP/9917/2020disposed of

Jagdeep Kaur And ANR v. State Of Punjab And ORS

2020-12-01Mr. Justice Amol Rattan Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 113) CRWP no.9917 of 2020 (O&M) Date of Decision: 01.12.2020 Jagdeep Kaur and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present:- Mr. Arjun Atri, Advocate, for the petitioners. *** Amol Rattan Singh, J. (Oral)     

                     

  !"   By this petition, the petitioners seek protection of life and liberty at the hands of respondents no.4 and 5, upon the petitioners having married each other (as contended) against the wishes of the said respondents, on 25.11.2020. On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier. He states that he has obtained specific instructions from the petitioners in that regard. Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without making any comment whatsoever on the validity of the marriage, or otherwise, this petition is disposed of with a direction to respondents no.2 and 3 to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents, or at their behest.

As regards proof of age of petitioner no.1, a copy of her Matriculation Examination Certificate has been annexed as Annexure P-2 with the petition. However there is no firm proof of age of petitioner no.2, other than his Aadhar Card, VIKAS CHANDER 2020.12.03 16:44 I attest to the accuracy and integrity of this document

113) CRWP no.9917 of 2020 (O&M) -2which is actually not a firm proof of age. Consequently, if he is found to be below marriageable age in terms of the provisions of the Prohibition of Child Marriage Act, 2006, this order shall not be construed to be a bar on any proceedings initiated under that Act, offences committed under the provisions of that Act being cognizable in terms of Section 15 thereof.

Further, it is made clear that if any of the averments made in the petition is found to be incorrect, specifically with regard to either the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, this order shall not be construed to be a bar on proceedings initiated as per law.         

              #  $   %&    #  '    %(  VIKAS CHANDER 2020.12.03 16:44 I attest to the accuracy and integrity of this document