Harmanpreet Kaur And Another v. State Of Punjab And Others
2023:PHHC:146314 CRWP-11160-2023 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP-11160-2023 (O&M) Date of decision: November 17, 2023 Harmanpreet Kaur and another ....Petitioners versus State of Punjab and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present:- Mr. Abhishek Sobti, Advocate for petitioners. Mr. Sandeep, Additional AG Punjab.
***** RAJBIR SEHRAWAT, J. (ORAL) 1.
The present petition has been filed under Article 226 of the Constitution of India for issuance of order or direction to the official respondent Nos.2 and 3 for protection of life and liberty of the petitioners and not to interfere in the peaceful life of the petitioners at the behest of respondent Nos.4 to 6, with certain other prayers made in the present petition.
2.
Both the petitioners are identified by their counsel. They seek protection of their life and liberty by contending that both of them having attained the age of majority, have married each other against the wishes of their respective family members/respondent Nos.4 to 6 and to seek appropriate protection from the authorities. They claim to have submitted a representation (Annexure P-6) in this regard to the Senior Superintendent of Police, Kapurthala and Station House Officer, Police Station, Bholath, Kapurthala (Punjuab) on 14.11.2023, but are still apprehensive about their safety and security in view of the alleged inaction of the police and the alleged clout of their family members/respondents. 3.
Notice of motion to the State only.
4.
Mr. Sandeep, Addl. Advocate General, Punjab, accepts notice on behalf of the State.
MAHAVIR SINGH 2023.11.17 18:08 I attest to the accuracy and authenticity of this order/ judgment
2023:PHHC:146314 CRWP-11160-2023 (O&M) 5.
Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and claim to have married each other, in support of which photographs (Annexure P-4) have been placed on record. 6.
For the aforesaid reasons, this appears to be a fit case for this Court to invoke the writ jurisdiction under Article 226 of the Constitution of India to ensure the right to life and liberty as guaranteed to them by Article 21 of the Constitution. 7.
Thus, the Senior Superintendent of Police, Kapurthala (Punjab) is directed to consider the representation dated on 14.11.2023 (Annexure-P-6) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.
8.
It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority; as seen from the documents placed on record; being Aadhar card of the petitioners No.1 & 2 (Annexures P-1 & P2). The petitioners have produced on record a copy of the alleged certificate (Annexure P-5) qua their stated marriage. However, this order would not ipso facto amount to granting any seal of approval on the legality of their marriage, which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s).
9.
The petition is disposed off with the above direction. (RAJBIR SEHRAWAT) JUDGE November 17, 2023 mahavir Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No MAHAVIR SINGH 2023.11.17 18:08 I attest to the accuracy and authenticity of this order/ judgment