Mania And ANR v. State Of Punjab And ORS

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : January 03, 2023 Mania and another ....Petitioners versus State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Dhanvinder Singh Nigha, Advocate, for the petitioners KULDEEP TIWARI,J. (ORAL) The instant petition has been filed under Article 226 of the Constitution of India for issuance of directions to the official respondents to protect the lives and liberty of the petitioners and to restrain the private respondents not to harass or interfere in their peaceful married life.

Learned counsel for the petitioners submits that both the petitioners are married. The date of birth of petitioner no. 1 is 2.10.2002 and thus she has completed 20 years of age and the date of birth of petitioner no. 2 is 19.7.2001 and that he is now 21 years

-2of 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 both the petitioners have solemnized marriage against the wishes of respondents no. 4 to 5 on 27.12.2022 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 27.12.2022 Annexure P/5 to the official respondents but no action has been taken on the same. Notice of motion.

On asking of the Court, Mr. Sandeep Jain, Addl. AG, Punjab accepts notice on behalf of respondents no. 1 to 3. 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 - Senior Superintendent of Police, Hoshiarpur to look into the representation dated 27.12.2022, (Annexure P/5) 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.

However, this direction will not validate the marriage as

-3claimed 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.

Petition stands disposed of accordingly.

( KULDEEP TIWARI ) January 03, 2023 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No