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High Court of Punjab and HaryanaCRWP/11442/2023disposed of

Mehak And ANR v. State Of Punjab And Others

2023-11-28Mr. Justice Alok Jain3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (115) Date of Decision:-28.11.2023 Mehak and another ......Petitioners

Versus

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

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Mukesh Garg, Advocate for the petitioners. **** ALOK JAIN, J. (Oral) 1.

The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents No. 2 & 3 to protect the life and liberty of the petitioners, who got married on 15.11.2023, at the hands of private respondents.

2.

Learned counsel of the petitioners submits that after the marriage, when the petitioners informed the parents of petitioner No. 1, they were threatened with dire consequences, as they were not happy with the said relationship.

3.

Notice of motion to respondents No. 1 to 3.

4.

On asking of the Court, Mr. Siddharth Attri, AAG, Punjab, who is present in the Court, accepts notice on behalf of State/respondents No.1 to 3.

5.

Considering the nature of the order being passed, there is no necessity to serve the private respondents or to seek a reply from any one of

the respondents.

6.

In light of the above, the petition is disposed of with a direction to respondent No.2- Senior Superintendent of Police, District Malerkotla, to take into consideration the request of the petitioners made vide representation dated 16.11.2023 (Annexure P-6) and take necessary action, in accordance with law.

7.

It is made clear that the filing of this petition and any order passed herein does not approve or disapprove the relationship/marriage of the petitioners and is not a stamp by the Court qua their relationship/marriage as this petition is considered only for the purpose of ensuring the protection of life and liberty of petitioners being citizen of this country and for no other reason.

8.

It is further made clear that filing or pendency of this petition or any order/direction passed in this petition shall not be an alibi or defence to the petitioners, in case, they are found involved in any illegal activity and the respondent-Authorities shall take appropriate action, in accordance with law.

9.

It is made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 16.11.2023 (Annexure P-6) is found to be incorrect, the State Authorities are directed to take appropriate action, in accordance with law.

10.

However, since, this petition is being disposed of in limine, therefore, copy of the complete paper book be sent through registered post to respondents No. 4 to 6 as there is serious doubt with regard to their being even aware of the act and conduct of their children.

11.

It is further made clear that, in case, any of the factual averments with regard to the age or documents appended by the petitioners are found to be incorrect, the private respondents are at liberty to file an appropriate application and get the present petition revived within six months from today.

(ALOK JAIN) JUDGE November 28, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No