Paramjit Kaur And Another v. State Of Punjab And Others

CRWP-8769-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-8769-2024 Date of Decision: September 10, 2024 Paramjit Kaur and another ......Petitioners

Versus

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

Present:

Ms.Harpreet Maini, Advocate for the petitioners.

........

RAJESH BHARDWAJ, J.(ORAL) 1.

Present petition has been filed under Articles 226/227 of the Constitution of India for directing respondents No.2 and 3 not to harass the petitioners illegally at the behest of respondents No.4 to 11 and also directing respondents No.2 and 3 to restrain respondents No.4 to 11 from interfering in the life of the petitioners. It is further prayed to direct respondents No.2 and 3 to ensure the security of life and liberty of the petitioners and their family members, which is eminent danger at the hands of private respondents and further not to register any case against the petitioners in this regard.

2.

Learned counsel for the petitioners submits that petitioner No.1 is a widow whereas petitioner No.2 is married and has one child from the first marriage. She submits that petitioner No.2 is living separately from his wife and son and a divorce has also been taken by him in the Panchayat. MEENU 2024.09.10 16:39 I attest to the accuracy and integrity of this document

CRWP-8769-2024 -2She fairly submits that though there is no decree of divorce taken by petitioner No.2, however, both the petitioners are major and are living together in live-in-relationship with each other against the wishes of respondents No.4 to 11 and have sought protection to their life and liberty. They apprehend danger from respondents No.4 to 11. The petitioners have submitted a representation, dated 23.08.2024 (Annexure P-3) to respondent No.2.

3.

Notice of motion to respondents no.1 to 3-State only. 4.

On the asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State.

5.

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, Barnala, to decide the representation (Annexure P-3) 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 their live-in-relationship. September 10, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.09.10 16:39 I attest to the accuracy and integrity of this document