Gursevak And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2023:PHHC:165951 CRWP No.12580 of 2023 Date of decision: 29.12.2023 Gursevak and Another

...Petitioners

Vs.

State of Haryana and Others ..Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Vijay Kumar, Advocate for Mr. Vishal Goel, Advocate for the petitioners. SUDEEPTI SHARMA, 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 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 respondents No.4 and 5. Such grievance of the 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 is available on record as Annexures P-3. The petitioners have also submitted a representation dated 26.04.2023 (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. Gurmeet Singh, A.A.G., Haryana, POONAM SHARMA 2023.12.29 15:48 I attest to the accuracy and integrity of this document

2023:PHHC:165951 -2CRWP No.12580 of 2023 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-Superintendent of Police, Kurukshetra, 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.

(SUDEEPTI SHARMA) December 29, 2023 JUDGE Poonam Sharma Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No POONAM SHARMA 2023.12.29 15:48 I attest to the accuracy and integrity of this document