Mansi Baloda And Another v. State Of Punjab And Others

N.C. No.2023:PHHC:158022

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-11677-2023 (O&M) Date of decision: 11.12.2023 MANSI BALODA AND ANOTHER ....Petitioner(s)

Versus

STATE OF PUNJAB AND OTHERS

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Kulbir Singh Saini, Advocate for the petitioners. ***** SANJIV BERRY. J. (Oral) At the very outset, learned counsel for the petitioners has filed the affidavit of petitioner No.2. The same is taken on record. Registry to tag the affidavit at appropriate place.

2.

This is a petition filed under Article 226 of the Constitution of India for directions to respondents Nos.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents Nos.4 to 6. 3.

Learned counsel for the petitioners submits that the petitioners, both major, have solemnized their marriage on 29.11.2023 according to Sikh rites and ceremonies. He also refers to the marriage certificate dated 29.11.2023 (Annexure P-3) and the photographs (Annexure P-4). He also referred to the Aadhar Cards (Annexures P-1 and P-2) of the petitioners to show that the petitioners are major. 4.

Learned counsel for the petitioners further submits that the private respondents No.4 to 6 are not accepting the marriage of the petitioners and they apprehend danger to their life and liberty from the private respondents and in this regard they have already moved a representation dated 30.11.2023 (Annexure P-5) before respondent No.2.

SANDAL SHARMA 2023.12.13 10:28 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:158022 CRWP-11677-2023 (O&M) -25.

Notice of motion to official respondents.

6.

On the asking of the Court, Mr. Subhash Godara, Additional A.G. Punjab present in Court, accepts notice on behalf of the State-respondents. 7.

Without commenting on the validity of the marriage, the petition is disposed of with the direction to respondent No.2-Senior Superintendent of Police, SAS Nagar to consider the representation (Annexure P-5 ) keeping in view the facts and circumstances of the case and if so warranted, take action, to ensure protection to the life and liberty of the petitioners, strictly in accordance with law. 8.

This order is not to be construed as any opinion with regard to the age of the petitioners or factum or validity of their marriage in any civil or criminal proceedings nor the petitioners would be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s). (SANJIV BERRY) JUDGE 11.12.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.12.13 10:28 I attest to the accuracy and authenticity of this order/judgment