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High Court of Punjab and HaryanaCRWP/12619/2023allowed

Parveen Kaur v. State Of Ut Chandigarh

2023-12-292 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 2023:PHHC:165950 CRWP No.12619 of 2023 Date of Decision : 29.12.2023 Parveen Kaur and Another ....Petitioners

VERSUS

State of U.T.Chandigarh and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Vijay Kumar, Advocate for the petitioners. -.- SUDEEPTI SHARMA, J. (Oral) CRM-W-1866-2023 Praying for grant of leave under Rule 3-A (1) of Chapter 6 Part B Volume V of the High Court Rules and Orders, learned counsel presenting the petitioners has preferred the instant application. It is stated that due to certain objection, name of the Advocate could not be mentioned in the Role of Advocates. Heard.

Application is allowed, as prayed for.

CRWP No. 12619 of 2023 (O&M) 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. 1 to 3, to ensure protection of their lives and liberty at the hands of respondent Nos. 4 to 7, and, also to restrain the said respondents from harassing the petitioners or interfering in their peaceful life.

TRIPTI SAINI 2024.01.02 14:49 I attest to the accuracy and integrity of this document Chandigarh

2023:PHHC:165950 CRWP No.12619 of 2023 (O&M) -22.

The counsel for the petitioners state 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 respondent Nos. 4 to 7. Such grievance of the respondent Nos. 4 to 7 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 P3. The petitioners have also submitted a representation dated 26.12.2023 (Annexure P-5) to the respondent No.2.

4.

Notice of motion to the official respondent(s) only. 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 - Senior Superintendent of Police, Chandigarh, 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 against 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.

December 29, 2023 (SUDEEPTI SHARMA) tripti JUDGE Whether speaking/non-speaking : Speaking Whether reportable : Yes/No TRIPTI SAINI 2024.01.02 14:49 I attest to the accuracy and integrity of this document Chandigarh