Talim And ANR v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10219-2024 (O&M) Date of Decision: October 22, 2024 TALIM AND ANR ....Petitioner(s)

VERSUS

STATE OF HARYANA AND ORS.

....Respondent(s) CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI

Present:

Mr. Khalid Tauru, Advocate for the petitioners. Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

**** AMARJOT BHATTI , J.(ORAL) 1.

Petitioners Talim and Arphina have filed present petition under Article 226 of the Constitution of India for issuance of directions to respondents No.1 to 3 to protect life and liberty of petitioners and also directing respondents No.4 to 12 not to interfere in their personal life and liberty.

2.

It is submitted that both petitioners are major. Date of birth of petitioner No.1 is 01.01.1995. Copy of his Aadhar Card is Annexure P-1. Date of birth of petitioner No.2 is 01.01.2001. Copy of her Aadhar Card is Annexure P-2. They had performed nikah on 25.09.2024. Copy of their marriage certificate is Annexure P-3. Petitioners also moved representation to Superintendent of Police, Mewat, Haryana, which is Annexure P-4. Petitioners had performed marriage without the consent and wishes of parents, brother and other relatives of petitioner No.2 and brothers of petitioner No.1, from whom, petitioners are receiving threats.

3.

Notice of motion.

SANGEETA 2024.10.24 10:37 I attest to the accuracy and integrity of this document

CRWP-10219-2024 (O&M) 4.

On asking of this Court, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, accepts notice on behalf of State. Complete copy of paperbook along with supporting documents is already supplied. 5.

Considering nature of litigation, no purpose would be served by serving notice to private respondents. 6.

I have considered facts narrated in the petition, according to which both petitioners are major and they have performed nikah against wishes of parents, brother and other relatives of petitioner No.2 and brothers of petitioner No.1, as a result they are apprehending threats from the hands of respondent Nos.4 to 12. It is duty of police to protect life and liberty of petitioners. Therefore, respondent No.2 is directed to consider the representation of petitioners dated 16.10.2024 (Annexure P-4) and protect life and liberty of petitioners from the hands of respondent Nos.4 to 12, considering threat perception, with further direction to maintain their privacy and dignity. 7.

Aforesaid protection order will have no bearing on the legality and validity of nikah and it will not protect them in case there is any violation of law or pending legal proceedings. 8.

Petition is accordingly disposed of.

9.

Pending miscellaneous application(s), if any, stand disposed of accordingly as well.

(AMARJOT BHATTI) October 22, 2024 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2024.10.24 10:37 I attest to the accuracy and integrity of this document