Ekta And ANR. v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.09.2023 Ekta and another ...... Petitioners

Versus

State of Haryana and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Petitioners in person.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus for directions to the official respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of respondents No.4 to 7; not to harass or interfere in the peaceful married life of the petitioners; along with certain other prayers.

Both the petitioners are present in Court today. They seek protection of their life and liberty by contending that both of them having attained the age of majority, have married each other against the wishes of their respective family members/respondents No.4 to 7 and to seek appropriate protection from the authorities. They claim to have submitted a representation (Annexure P-4) in this regard to the Superintendent of Police, Karnal, on 19.09.2023, but are still apprehensive about their safety and security in view of the alleged inaction of the police and the alleged clout of

-2their family members/respondents.

Notice of motion to the State only.

Mr. K.K.Chahal, Additional Advocate General, Haryana, accepts notice on behalf of the respondent-State. Both the petitioners do appear to have crossed the age of majority as seen from the copies of documents filed and claim to have married each other, in support of which Marriage Certificate (Annexure P-3) has been placed on record.

For the aforesaid reasons, this appears to be a fit case for this Court to invoke the writ jurisdiction under Article 226 of the Constitution of India to ensure the right to life and liberty as guaranteed to them by Article 21 of the Constitution.

Thus, the Superintendent of Police, Karnal, is directed to consider the representation dated 19.09.2023 (Annexure P-4) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority; as seen from the documents placed on record; being Aadhar Cards of the petitioners No.1 & 2 (Annexures P-1 & P-2). The petitioners have produced on record a copy of the alleged certificate (Annexure P-3) qua their stated marriage. However, this order would not ipso facto amount to granting any seal of approval on the legality of their marriage, which essentially would come in the domain of

-3the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s).

The petition is disposed of with the above direction. (RAJBIR SEHRAWAT) JUDGE 28.09.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No