Suhana And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (110) Date of Decision:-08.12.2023 Suhana and another ......Petitioners

Versus

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

CORAM:

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

Present:

Mr. Arihant Goyal, Advocate for the petitioners. **** ALOK JAIN, J. (Oral) 1.

The present petition has been filed inter alia praying for protection of life and liberty of the petitioners, who are apprehending threat to their life and liberty as they are living in a live-in relationship and belong to different religions.

2.

Learned counsel for the petitioners submits that in fact petitioner No. 1 has already expressed her desire to convert her religion so as to enable her to get married to petitioner No. 2 and have approached this Court on the basis of apprehension of a threat to the life and liberty of the petitioners.

3.

Learned counsel for the petitioners further submits that the petitioners also gave a representation (Annexure P-3) to the Police Authorities but no action has been taken.

4.

Notice of motion to respondents No. 1 to 3.

5.

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.

6.

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

7.

The petitioners are major as is evident from their documents (Annexure P-1 and P-2) and as such they are at liberty to lead their lives according to their volition and the private respondents No.4 & 5 have no right to interfere therein.

8.

In light of the above, the petition is disposed of with a direction to respondent No.2- Senior Superintendent of Police, Kapurthala, to take into consideration the request of the petitioners made vide representation dated 30.11.2023 (Annexure P-3) and take necessary action, in accordance with law.

9.

It is made clear that the filing of this petition or 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.

10.

This order shall not operate as an alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed. 11.

It is made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 30.11.2023 (Annexure P-3) is found to be incorrect, the State Authorities are directed to take appropriate action, in accordance with law.

12.

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 & 5 as there is serious doubt with regard to their being even aware of the act and conduct of their children. 13.

Respondent No. 3- Station House Officer Police Station Sultanpur Lodhi, District Kapurthala is directed to get the statements of respondents No. 4 & 5 as well as of the parents of petitioner No. 2 recorded.

(ALOK JAIN) JUDGE December 08, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No