Harpreet Kaur And ANR v. State Of Punjab

CRWP No.9611 of 2022 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.9611 of 2022 Date of Decision:-07/10/2022 Harpreet Kaur and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Vijay Singh, Advocate for the petitioners. NIDHI GUPTA J.(Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India is for issuance of directions to respondents No.2 and 3 not to harass the petitioners and the family members of petitioner no.2 and his relatives at the instance of respondents 4 to 9 and further restrain them from interfering with the marital status, life and liberty of the petitioners and the family members of the petitioner no.2 and his relatives, as respondent no.4 to 9 are having reservations against the marriage of petitioners and are misusing the police force to harass the petitioners. Petitioner No.1-Harpreet Kaur is stated to be born on 7.11.2003 and for this purpose, reference has been made to her Aadhar Card (Annexure P-1).

Petitioner No.2 Jagjit Singh is stated to be born on 12.8.1996 and for the said purpose, reference has been made to his Aadhaar Card (Annexure P-2) The petitioners have solemnized marriage on 20.9.2022. A copy of the Marriage Certificate/photographs of marriage ceremonies of the petitioners are annexed to the petition as Annexurse P-3 and P-4.

Notice of motion.

RAJINDER PARSHAD JOSHI 2022.10.10 10:34 I attest to the accuracy and authenticity of this document

CRWP No.9611 of 2022 2 Mr.Mohit Kapoor, Addl. AG Punjab appears and accepts notice on behalf of respondents Nos.1 to 3 and has stated that he/she has no objection in case respondent no.2 is directed to look into the representation of the petitioners on the aspect of threat perception and to take appropriate action, in accordance with law. This Court has heard learned counsel for the parties. It goes without saying that the protection of life and liberty is a basic feature of the Constitution of India as emanating out of Article 21. Every person, moreso, a major, has right to live his/her life with a person of his/her choice.

Whenever this Court, prima-facie, is satisfied that on account of some relatives/ persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, then in such circumstances, the Courts are required to pass necessary directions for their protection. Keeping in view the abovesaid facts and circumstances, this Court deems it appropriate to dispose of the present petition with a direction to respondent no.2 to consider the representation dated 23/09/2022 (Annexure P-5 ) and to assess the threat perception to the petitioners and after considering the same, respondent No.2 shall take appropriate action in accordance with law. Accordingly, the petition stands disposed of with abovesaid directions.

October 7,2022 ( NIDHI GUPTA ) Joshi JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No RAJINDER PARSHAD JOSHI 2022.10.