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High Court of Punjab and HaryanaCRWP/1842/2019disposed of

Nagina And ANR v. State Of Punjab And Others

2019-12-10Mr. Justice Jasgurpreet Singh Puri2 pages

CRWP-1842-2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-1842-2019 (O&M).

Decided on: December 10, 2019.

Nagina and another .. Petitioners

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.M.S.Rana, Advocate, for the petitioners.

JASGURPREET SINGH PURI , J. (ORAL ) Petitioners claim that they are Muslim by religion and have married against the wishes of their family members. Apprehending threat to their life and liberty, they have filed the present petition for protection.

The age of petitioner No.2 is 20 years, 11 months and 08 days as his date of birth as per Annexure P2 is January 1, 1999. It is submitted that even the marriage performed before the marriageable age, the same would not make a marriage invalid. RAJ KUMAR ARORA 2019.12.10 17:09 I attest to the accuracy and integrity of this document

CRWP-1842-2019 (O&M) Petitioners claim to have submitted a representation (Annexure P-5) dated 5.12.2019, in this regard, to the Senior Superintendent of Police, Hoshiarpur.

Heard. Record perused.

Notice of motion to the office of Advocate General, Punjab.

On asking of the Court, Mr.Avtar Singh Sandhu, Addl. A.G. Punjab, present in the Court, accepts notice on behalf of the State. Copy supplied.

Petitioners have placed on record copies of their Aadhar Cards (Annexures P-1 and P-2) as proof of their age as well as copy of Nikahnama (Annexure P3) and three photographs on two sheets regarding performance of marriage.

This petition is disposed of with a direction to the Senior Superintendent of Police, Hoshiarpur, to look into the representation Annexure P-5 dated 5.12.2019 and ensure that no harm is caused to the petitioners.

However, it is made clear that this order shall not be treated as stamp of the Court about the marriage of the parties and no opinion regarding the validity of the marriage has been expressed. December 10, 2019.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2019.12.10 17:09 I attest to the accuracy and integrity of this document