Farmeena And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-10468-2023 Date of Decision: 23.10.2023 FARMEENA AND ANOTHER

...Petitioners

Versus

STATE OF HARYANA AND OTHERS

...Respondents

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

Mr. Farukh Abdullah, Advocate for the petitioners.

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. 2 and 3, to provide protection of life and liberty to the petitioners, who have married against wishes of private respondent Nos. 4 to 6. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Farmeena, aged about 29 years and petitioner No.2 - Saheed Ahmed, aged about 46 years, have got married on 02.02.2020, against wishes of the family members/ relatives/friends of petitioner No.1 (Farmeena), arrayed as respondent Nos.4 to 6. It is submitted that this is the first marriage of petitioner No.1, whereas, petitioner No.2 was already married and his first wife is also residing with him. It has been further submitted that private respondents are threatening and trying to interfere in the marital life of the present petitioners. Hence, they are seeking protection in that regard and have approached this Court by way of filing the instant petition. 3.

Notice of motion to respondent Nos. 1 to 3-State only. GURPREET KAUR 2023.10.23 18:33 I attest to the accuracy and authenticity of this order/judgment

CRWP-10468-2023 -24.

On the asking of the Court, Mr. Rajiv Goel, Deputy Advocate General, Haryana, who is present in the Court, accepts notice on behalf of respondent Nos.1 to 3-State.

5.

In view of the above, present petition is disposed of with a direction to respondent No. 2 - The Superintendent of Police, District Nuh, Haryana, to look into the representation dated 07.10.2023 (Annexure P-4), 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. 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 protect the petitioners from legal action for violation of law, if any, committed by them and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law. October 23, 2023 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2023.10.23 18:33 I attest to the accuracy and authenticity of this order/judgment