Babita Rani And ANR v. State Of Punjab And Others

N.C. No.2023:PHHC:128491

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-9671-2023 (O&M) Date of decision: 04.10.2023 BABITA RANI AND ANOTHER ....Petitioners

Versus

STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr.Rajesh Kumar Bansal, Advocate for the petitioners. ***** SANJIV BERRY. J. (Oral) CRM-W-1482-2023 Heard.

2.

Keeping in view the averments made in the application, the same is allowed. Amended memo of parties is ordered to be taken on record. Registry is directed to tag the same at appropriate place. 3.

Disposed of.

CRWP-9671-2023 This is a petition filed under Article 226/227 of the Constitution of India for directions to respondents Nos.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents Nos.4 to 8. 2.

Learned counsel for the petitioners submits that the petitioners, both major, have solemnized their marriage on 26.09.2023 according to Sikh rites and ceremonies. He also refers to the marriage certificate dated 26.09.2023 (Annexure P-3). He also referred to the Aadhar Cards (Annexures P-1 and P-2) of the petitioners to show that the petitioners are major. 3.

Learned counsel for the petitioners further submits that the private SANDAL SHARMA 2023.10.05 17:15 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:128491 CRWP-9671-2023 (O&M) -2respondents No.4 to 8 are not accepting the marriage of the petitioners and they apprehend danger to their life and liberty from the private respondents and in this regard they have already moved a representation dated 26.09.2023 (Annexure P-4) before respondent No.2.

4.

Notice of motion.

5.

On the asking of the Court, Ms. Swati Batra, DAG Punjab present in Court, accepts notice on behalf of the State-respondents. 6.

Without commenting on the validity of the marriage, the petition is disposed of with the direction to respondent No.2 to consider the representation (Annexure P-4 ) keeping in view the facts and circumstances of the case and if so warranted, take action, to ensure protection to the life and liberty of the petitioners, strictly in accordance with law. 7.

This order is not to be construed as any opinion with regard to the age of the petitioners or factum or validity of their marriage in any civil or criminal proceedings nor the petitioners would 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). (SANJIV BERRY) JUDGE 04.10.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.10.05 17:15 I attest to the accuracy and authenticity of this order/judgment