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High Court of Punjab and HaryanaCRWP/11317/2022disposed of

Arunpreet Kaur And Another v. State Of Punjab And Others

2022-12-02Mr. Justice Harsh Bunger2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-11317-2022 Date of Decision: 02.12.2022 ARUNPREET KAUR AND ANOTHER

...Petitioners

Versus

STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Ms. Bhupinder Kaur, Advocate for the petitioner.

HARSH BUNGER, J. (ORAL) 1.

Prayer in the instant petition, filed under Article 226 of the Constitution of India, is for issuance of directions to respondents Nos. 1 to 3, to provide protection of life and liberty to the petitioners, who have married against wishes of private respondent Nos. 4 to 9. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Anupreet Kaur, aged about 18 years and 02 months and petitioner No.2 - Amarampal Singh, aged above 22 years, have got married on 29.11.2022, against wishes of the family members / relatives / friends of Petitioner No. 1 (Anupreet Kaur), arrayed as respondent Nos. 4 to 9. It has been further submitted that private respondents are threatening and trying to interfere in the marital life of the petitioners. Hence, they are seeking protection in this regard and have approached this Court by way of filing the instant petition. 3.

Notice of motion.

4.

On the asking of the Court, Mr. Vinay Kumar Gupta, Assistant Advocate General, Punjab, who is present in the Court, accepts notice on behalf of respondent Nos. 1 to 3-State.

5.

At this stage, Mr. Vaibhav Tara, Advocate, puts his appearance and has filed his Vakalatnama on behalf of respondent No.4, who is father of GURPREET KAUR 2022.12.02 17:02 I attest to the accuracy and integrity of this document

CRWP-11317-2022 -2petitioner No.1, in the Court today and the same is taken on record, subject to all just exceptions. The father of petitioner No.1-Arunpreet Kaur, has expressed his desire to meet his daughter with the assurance that there is no threat to the lives of the petitioners at his hands. 6.

In view of the above, present petition is disposed of with a direction to respondent No. 2 - Senior Superintendent of Police, Kapurthala to look into the representation dated 29.11.2022 (Annexure P-5),qua threat perception, if any, and take necessary steps, if any required, in accordance with law, to ensure that life and liberty of the petitioners is not jeopardized at the hands of private respondents. He shall also consider the request of father of petitioner No.1-Arunpreet Kaur and if he deemed appropriate, permit him to meet his daughter.

7. However, this direction shall not be construed to validate the marriage, said to have taken place between petitioner Nos. 1 and 2. This order shall also not be taken to protectthe petitioners from legal action for violation of law, if any, committed bythem and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

December 02, 2022 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2022.12.02 17:02 I attest to the accuracy and integrity of this document