Punjab-Haryana High Court
Monika And Another vs State Of Haryana And Others on 24 November, 2023
Neutral Citation No:=2023:PHHC:149953
115 Neutral Citation No. 2023:PHHC:149953
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRWP-11185-2023 (O&M)
Date of decision: 24.11.2023
Monika and another ....Petitioners.
Versus
State of Haryana and others ....Respondents.
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY
Present:- Ms. Suresh Saran, Advocate,
for the petitioners.
Mr. Surender Singh, AAG, Haryana.
.....
SANJIV BERRY, J. (ORAL)
CRM-W-1695-2023
1. Heard.
2. Keeping in view the averments made in the application, judgment dated 10.11.2023, passed by learned Additional Principal Judge, Family Court, Hisar, and photographs of marriage as Annexure P-5 and P-6, respectively, are taken on record.
3. Disposed of.
4. Registry to tag the same at appropriate place. CRWP-11185-2023 This is a petition filed under Article 226 of the Constitution of India for directions to respondents No. 1 to 3 to protect the life and liberty of the petitioners at the hands of private respondents No. 4 to 6.
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2. Learned counsel for the petitioners submits that the petitioner No. 1, who is unmarried and petitioner No. 2, who has been granted decree of divorce vide judgement dated 10.11.2023, passed by learned Additional Principal Judge, Family Court, Hisar, have contracted marriage on 14.11.2023 according to Hindu rites and ceremonies. He also refers to the marriage certificate dated 14.11.2023 (Annexure P-3). He also referred to the Aadhar Cards (Annexures P-1 and P-2) of the petitioners to show that the petitioners are major.
3. Learned counsel for the petitioners further submits that the private respondents No. 4 to 6 are not accepting the marriage of the petitioners and they apprehend danger to their life and liberty from the private respondents and in this regard they have already moved a representation dated 15.11.2023 (Annexure P-4) before Superintendent of Police, Bhiwani, District Bhiwani.
4. Notice of motion.
5. On the asking of the Court, Mr. Surender Singh, AAG, Haryana, present in Court, accepts notice on behalf of the State- respondents.
6. Without commenting on the validity of the marriage, the petition is disposed of with the direction to respondent No. 2 - Superintendent of Police, Bhiwani, District Bhiwani, to consider the representation dated 15.11.2023 (Annexure P-4) keeping in view the facts and circumstances of the case and if so warranted, take action, to 2 of 3 ::: Downloaded on - 25-11-2023 07:11:28 ::: Neutral Citation No:=2023:PHHC:149953 115 Neutral Citation No. 2023:PHHC:149953 CRWP-11185-2023 (O&M) -3- ensure protection to the life and liberty of the petitioners, strictly in accordance with law.
7. This order is not to be construed as any opinion with regard to the age of the petitioners or factum or validity of their marriage in any civil or criminal proceedings nor the petitioners would be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s).
(SANJIV BERRY)
24.11.2023 JUDGE
preeti
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
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