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High Court of Punjab and HaryanaCRWP/10525/2023disposed of

Sukhwinder Kaur And ANR v. U.T. Chandigarh And Others

2023-10-26Mr. Justice Sanjay Vashisth2 pages

CRWP-10525-2023 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10525-2023 Decided on : 26.10.2023 Sukhwinder Kaur and another . . . Petitioner(s)

Versus

Union Territory, Chandigarh and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Heena Verma, Advocate for the petitioner(s).

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to official respondents No.1 to 3, to provide protection of lives and liberty of the petitioners, who have married against the wishes of private respondents. 2.

Learned counsel for the petitioners submits that petitioner No.1 - Sukhwinder Kaur, aged about 32 years and petitioner No.2 - Pranav Gupta, aged 30 years, have solemnized marriage on 18.10.2023, against the wishes of their family members, arrayed as respondents No.4 to 6. Learned counsel for the petitioners further submits that it is the first marriage of both the petitioners. It has been submitted that the private respondents are threatening to interfere in the matrimonial life of the petitioners. Hence, the petitioners are seeking protection in that regard and have approached this Court by way of filing the instant petition. They have also submitted a representation dated 17.10.2023 (Annexure P-3), to respondent No.2 - Sr. Superintendent of Police, UT Chandigarh, wherein, they have expressed their apprehension. 3.

Notice of motion.

JAWALA RAM 2023.10.26 18:33 I attest to the accuracy and integrity of this document

CRWP-10525-2023 - 2 - 4.

On advance notice, Mr. P.S. Paul, Addl. PP, UT Chandigarh, appears and accepts notice on behalf of respondents No.1 to 3 (UT Chandigarh).

5.

Heard.

6.

A perusal of the case file shows that representation qua threat perception, has been moved by the petitioners on 17.10.2023 (Annexure P-3) i.e. one day prior to the solemnization of marriage, wherein, they have already expressed their apprehension in detail. 7.

Therefore, keeping in view the facts & circumstances, and the submissions made by learned counsel, present petition is disposed of with a direction to respondent No.2 - Sr. Superintendent of Police, UT Chandigarh, to look into the representation dated 17.10.2023 (Annexure P-3), qua threat perception, and if there is any substance in it, take necessary steps, in accordance with law, to ensure that the lives and liberty of the petitioners are not jeopardized at the hands of the private respondents. 8.

However, this direction will not validate the marriage said to have taken place between the parties and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

(SANJAY VASHISTH) JUDGE October 26, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.10.26 18:33 I attest to the accuracy and integrity of this document