High Court of Punjab and HaryanaCRWP/7524/2024disposed of

Sukhwinder Kaur And ANR v. State Of Punjab And ORS

2024-08-06Mr. Justice Rajesh Bhardwaj2 pages

CRWP-7524-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-7524-2024 Date of Decision: August 06, 2024 Sukhwinder Kaur and another ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Karan Singh, Advocate for Mr.Tajinder Pal Singh Makkar, Advocate for the petitioners.

........

RAJESH BHARDWAJ, J.(ORAL) Present petition has been filed under Articles 226/227 of the Constitution of India read with Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023, for directing respondents no.2 and 3 to protect the life and liberty of the petitioners from the hands of respondent no.4 with a further direction not to interfere in the matrimonial life of the petitioners at the behest of respondent No.4 by taking into consideration representation, dated 28.07.2024, Annexure P-6.

Learned counsel for the petitioners states that both the petitioners are major. It is further submitted that petitioner No.1 is a widow and having two children from the earlier marriage and now both the petitioners have married against the wishes of respondent no.4 and have sought protection to their life and liberty. They apprehend danger from respondent no.4. Their marriage certificate and photographs evidencing their MEENU 2024.08.07 15:41 I attest to the accuracy and integrity of this document

CRWP-7524-2024 -2marriage are on record as Annexures P-4 and P-5. The petitioners have submitted a representation dated 28.07.2024 (Annexure P-6) to respondent no.2.

Notice of motion to respondents no.1 to 3-State only. On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State. Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a direction to respondent no.2-Senior Superintendent of Police, Bathinda, to decide the representation (Annexure P-6) of the petitioners and grant them protection, if any threat to their life and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order would not be understood having expressed any opinion whatsoever by this Court on the validity of the marriage of the petitioners. August 06, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.08.07 15:41 I attest to the accuracy and integrity of this document