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

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-12141-2022 Decided on : 23.12.2022 Jasvir Kaur and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Jagdish Singh Mahal, Advocate for the petitioners.

**** SANJAY VASHISTH , J. (Oral) Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No.2 and 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 - Jasvir Kaur, aged more than 31 years and petitioner No.2 - Jasneet Singh, aged more than 31 years, have solemnized marriage on 19.12.2022, against the wishes of their family members, arrayed as respondents No.4 and 5. However, it is further submitted that it is the first marriage of petitioner No.1 whereas petitioner No.2 had earlier married to one Madhu Kaur but by way of a mutual divorce decree dated 09.05.2016 passed by Court of District Judge, Fatehgarh Sahib, both got separated. 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 JAWALA RAM 2022.12.23 18:16 I attest to the accuracy and authenticity of this order/judgement.

CRWP- 12141 -2022 - 2 - representation dated 19.12.2022 (Annexure P-5), to respondent No.2 - Senior Superintendent of Police, Fatehgarh Sahib, wherein, they have expressed their apprehension.

3.

Notice of motion.

4.

On asking of the Court, Mr. Jaspal Singh Guru, AAG, Punjab, accepts notice on behalf of respondents No.1 to 3 (State). 5.

In view of the above, the present petition is disposed of with a direction to respondent No.2 -Senior Superintendent of Police, Fatehgarh Sahib, to look into the representation dt. 19.12.2022 (Annexure P-5), 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. 6.

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 December 23, 2022 kavita nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.12.23 18:16 I attest to the accuracy and authenticity of this order/judgement.