Mandeep Kuar And Another v. State Of Punjab And Others

2024:PHHC:000012

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.5 of 2024 Date of Decision : 03.01.2024 Mandeep Kaur and Another ....Petitioners

VERSUS

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

Present:

Mr. K.S.Saini, 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. 1 to 3, to ensure protection of their lives and liberty at the hands of respondent Nos. 4 and 5, and, also to restrain the said respondents from harassing the petitioners or interfering in their peaceful life.

2.

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 and 5. Such grievance of the respondent Nos. 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 Annexure TRIPTI SAINI 2024.01.03 12:25 I attest to the accuracy and integrity of this document Chandigarh

2024:PHHC:000012 CRWP No.5 of 2024 -2P-3. The petitioners have also submitted a representation dated 27.12.2023 (Annexure P-5) to respondent No.2 and 3.

3.

Notice of motion to the official respondent(s) only. 4.

On the asking of the Court, Ms. Ramta K. Chaudhary, DAG Punjab, 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 - Senior Superintendent of Police, Gurdaspur, 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.

January 03, 2024 (SUDEEPTI SHARMA) tripti JUDGE Whether speaking/non-speaking : Speaking Whether reportable : Yes/No TRIPTI SAINI 2024.01.03 12:25 I attest to the accuracy and integrity of this document Chandigarh