Sukhwinder Kaur And Another v. State Of Punjab And Others

N.C. No.2023:PHHC:158133

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-11829-2023 (O&M) Date of decision: 11.12.2023 SUKHWINDER KAUR AND ANOTHER ....Petitioner(s)

Versus

STATE OF PUNJAB AND OTHERS

...Respondent(s)

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

Mr. Amandeep Sharma, Advocate for the petitioners. ***** SANJIV BERRY. J. (Oral) This is a petition filed under Article 226 of the Constitution of India for directions to respondent Nos.1 to 3 to protect the life and liberty of the petitioners at the hands of private respondent Nos.4 to 8. 2.

Learned counsel for the petitioners submits that the petitioners, both major, have solemnized their marriage on 20.11.2023 according to Sikh rites and ceremonies. He also refers to the marriage certificate dated 20.11.2023 (Annexure P-3). He also referred to the Aadhar Cards (Annexures P-1 and P-2) of the petitioners to show that the petitioners are major. 3.

Learned counsel for the petitioners further submits that the private respondent Nos.4 to 8 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 28.11.2023 (Annexure P-4) before respondent No.2.

4.

Notice of motion to official respondents.

5.

On the asking of the Court, Mr. Subhash Godara, Additional A.G. Punjab present in Court, accepts notice on behalf of the State-respondents. SANDAL SHARMA 2023.12.12 11:07 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:158133 CRWP-11829-2023 (O&M) -26.

Without commenting on the validity of the marriage, the petition is disposed of with the direction to respondent No.2-Senior Superintendent of Police, Amritsar Rural to consider the representation (Annexure P-4 ) 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. 7.

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 2023.12.12 11:07 I attest to the accuracy and authenticity of this order/judgment