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High Court of Punjab and HaryanaCRWP/16/2025disposed of

Priyanka Dasauni And Another v. State Of Haryana And Others

2025-01-03Ms. Justice Nidhi Gupta2 pages

CRWP-16-2025 (O&M) -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-16-2025 (O&M) Date of Decision: 03.01.2025 Priyanka Dasauni and another .... Petitioners

Versus

State of Haryana and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Amarjeet Kaur, Advocate for Mr. Parveen Singh Jnagal, Advocate for the petitioners. ***** NIDHI GUPTA, J. (ORAL) Prayer in the instant petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Mandamus directing respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of of respondents No.4 and 5 and their relatives and friends, as the petitioners got married with each other, against the wishes of above said private respondents. Petitioner No.1-Priyanka Dasauni is stated to be born on 26.11.2005 and for this purpose, reference has been made to Aadhaar Card (Annexure P-1). Petitioner No.2-Koshik is stated to be born on 24.03.2002 and for the said purpose, reference has been made to Aadhaar Card (Annexure P-2). The petitioners are major and have solemnized Marriage on 23.12.2024. A copy of the Marriage Certificate of the petitioners is annexed to the petition as Annexure P-3. Notice of motion.

Mr. Surinder Kumar Dagar, DAG, Haryana appears and accepts notice on behalf of respondents Nos.1 to 3 and has stated that he DIVYANSHI 2025.01.03 14:24 I attest to the accuracy and integrity of this document

CRWP-16-2025 (O&M) -2 - has no objection in case respondent No.2 is directed to look into the representation of the petitioners on the aspect of threat perception and to take appropriate action, in accordance with law. This Court has heard learned counsel for the parties. It goes without saying that the protection of life and liberty is a basic feature of the Constitution of India as emanating out of Article 21. Every person, moreso, a major, has right to live his/her life with a person of his/her choice. Whenever this Court, prima-facie, is satisfied that on account of some relatives/ persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, then in such circumstances, the Courts are required to pass necessary directions for their protection.

Keeping in view the above said facts and circumstances, this Court deems it appropriate to dispose of the present petition with a direction to respondent No.2 to consider the representation dated 25.12.2024 (Annexure P-5) and to assess the threat perception to the petitioners and after considering the same, respondent No.2 shall take appropriate action in accordance with law.

Accordingly, the petition stands disposed of with above said directions.

Pending application, if any, stands disposed of. 03.01.2025 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2025.01.03 14:24 I attest to the accuracy and integrity of this document