Kirandeep Kaur And ANR. v. State Of Punjab And Others

2023:PHHC:144964 CRWP No. 11086 of 2023 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRWP No. 11086 of 2023 Date of decision : November 15, 2023 Kirandeep Kaur and another ....Petitioners

Versus

The State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. L.S. Lakhanpal, Advocate, for the petitioners KULDEEP TIWARI,J. (ORAL) 1.

The instant petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondents to protect the lives and liberty of the petitioners and to restrain the private respondents from harassing or interfering in their peaceful married life.

2.

Learned counsel for the petitioners submits that both the petitioners are married. The date of birth of petitioner no. 1 is 28.2.2002 and thus she has completed 21 years of age and the date of birth of petitioner no. 2 is 10.1.1992 and that he is now 31 years of age. To substantiate this submission, learned counsel for the petitioners placed reliance upon copies of Aadhar Cards attached with the petition as Annexures P/1 and P/2. He further submits that petitioner no. 2 was earlier married with Amandeep Kaur, who unfortunately expired on 3.6.2022 and copy of her death certificate is attached as Annexure P/5. He further DALBIR SINGH TIWANA 2023.11.15 18:17 I attest to the accuracy and authenticity of this order/judgment.

2023:PHHC:144964 CRWP No. 11086 of 2023 -2submits that now both the petitioners have solemnized marriage against the wishes of respondents no. 4 to 7 on 7.11.2023 and now they are apprehending threat to their lives and liberty at the hands of private respondents. He further submits that the petitioners have submitted a representation dated 7.11.2023, Annexure P/4 to the official respondents but no action has been taken on the same.

3.

Notice of motion.

4.

On asking of the Court, Mr. Karunesh Kaushal, AAG, Punjab accepts notice on behalf of respondents no. 1 to 3. 5.

In view of the above, without examining the question of legality and validity of the marriage and expressing any opinion thereon, the petition is disposed of with the direction to respondent no. 2 - The Senior Superintendent of Police, Taran Taran to look into the representation dated 7.11.2023 (Annexure P/4) qua threat perception and if there is any substance in it, shall take necessary steps in accordance with law, to ensure that the lives and liberty of the petitioners are not jeopardized at the hands of private respondents. 6.

However, this direction will not validate the marriage as claimed by the petitioners and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law. 7.

Petition stands disposed of accordingly.

( KULDEEP TIWARI ) November 15, 2023 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2023.11.15 18:17 I attest to the accuracy and authenticity of this order/judgment.