Kamalpreet Kaur And Another v. State Of Punjab And Others

2023:PHHC:153926

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-11641-2023 Date of Decision : December 04, 2023 KAMALPREET KAUR AND ANOTHER -Petitioners V/S STATE OF PUNJAB AND OTHERS -Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Dinesh Mahajan, Advocate for the petitioners.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as filed under Article 226 of the Constitution of India, the petitioners have sought issuance of directions upon the respondents No.2 and 3, to ensure protection of their lives and liberty at the hands of respondents No.4 and 5, and, also to restrain the said respondents from harassing the petitioners or interfering in their peaceful married life.

2.

The learned counsel for the petitioners states that since both the petitioners have attained the minimum age, as prescribed by statute, for solemnizing marriage, therefore, they have lawfully solemnized marriage, however, it has caused grievance to the private respondents no.4 and 5. Such grievance of the private respondents No.4 and 5 has made them apprehensive of danger to their lives and liberty and resultantly, it has constrained them to approach this Court, to seek protection of their lives and liberty. The marriage certificate of the petitioners and the photographs evidencing their marriage are available on record as DEVINDER YADAV 2023.12.04 17:42 I attest to the accuracy and authenticity of this order/judgment

CRWP-11641-2023 2023:PHHC:153926 Annexures P3 and P4. The petitioners have also submitted a representation dated 29.11.2023 (Annexure P-5) to the respondent no.2. 3.

Notice of motion to the official respondent(s) only. 4.

On the asking of the Court, Mr. Karunesh Kaushal, A.A.G, Punjab, accepts notice on behalf of the official respondent(s). 5.

Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, the instant petition is disposed of with a direction to respondent no.2-Commissioner of Police, Jalandhar, to decide the representation (Annexure P-5) of the petitioners and grant them protection, if any threat to their lives and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order shall not be understood to have expressed any opinion whatsoever by this Court on the validity of the marriage of the petitioners. 6.

Disposed of accordingly.

(KULDEEP TIWARI) December 04, 2023 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2023.12.04 17:42 I attest to the accuracy and authenticity of this order/judgment