Heavendeep Kaur And Another v. State Of Punjab And Others

CRWP 12335/2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP 12335 OF 2022 DATE OF DECISION: 02.01.2023 Heavendeep Kaur and another ............Petitioners Vs.

State of Punjab and others ...........Respondents.

CORAM:- Hon'ble Ms. Justice Nidhi Gupta Present:- Mr. Mohit Kakkar, Advocate for the petitioners. NIDHI GUPTA,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 protect the life and liberty of the petitioners, who have married against the wishes of private respondents i.e. respondents No.4 to 6. Petitioner No.1-Heavendeep Kaur is stated to be born on 28.5.1995 and for this purpose, reference has been made to Aadhar Card (Annexure P-1). Petitioner No.2-Shamsher Singh is stated to be born on 22.5.1997 and for the said purpose, reference has been made to Aadhar Card(Annexure P-2). The petitioners have solemnized Marriage on 26.12.2022 A copy of the Marriage Certificate of the petitioners is annexed to the petition as Annexure P-3. It is stated to be first marriage of the petitioners. Notice of motion.

Ms.Shivani Sharma, Deputy Advocate General,Punjab appears and accepts notice on behalf of respondents No. 1 to 3 and has stated that she has no objection in case respondent no.2-Senior Superintendent of RAJINDER PARSHAD JOSHI 2023.01.02 16:06 I attest to the accuracy and integrity of this document

CRWP 12335/2022 Police, Tarn Taran is directed to look into the representation of the petitioners on the aspect of threat perception and to take appropriate action, in accordance with law This Court has heard learned counsel for the parties. It goes without saying that the protection of life and liberty is a basic feature of the Constitution of India as emanating out of Article 21. Every person, moreso, a major, has right to live his/her life with a person of his/her choice. Whenever this Court, prima-facie, is satisfied that on account of some relatives/persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, then in such circumstances, the Courts are required to pass necessary directions for their protection.

Keeping in view the abovesaid facts and circumstances, this Court deems it appropriate to dispose of the present petition with a direction to respondent no 2 to consider the representation dated 27.12.2022 (Annexure P-5) and to assess the threat perception to the petitioners and after considering the same, respondent No. 2 shall take appropriate action in accordance with law Accordingly, the petition stands disposed of with abovesaid directions.

(NIDHI GUPTA) JUDGE 02.01.2023.

Joshi RAJINDER PARSHAD JOSHI 2023.01.02 16:06 I attest to the accuracy and integrity of this document