Priyanka And Another vs State Of Punjab And Others
2021 Latest Caselaw 627 P&H

129     IN THE HIGH COURT PUNJAB AND HARYANA
                    AT CHANDIGARH

                                            CRWP-1018-2021
                                            Date of Decision: 16.02.2021

Priyanka and another
                                                                 ...Petitioners

                                   Versus
State of Punjab and others

                                                               ...Respondents

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:-   Mr. Sandeep Sharma, Advocate
            for the petitioners.

            Ms. Monika Jalota, D.A.G., Punjab.

JAISHREE THAKUR, J. (Oral)

1. The petitioners have approached this Court seeking issuance

of directions to respondents No.2 and 3 to protect life and liberty of the

petitioners as they apprehend threat to the same at the hands of

respondents No.4 to 6 for having married against wishes of their families.

2. Learned counsel for the petitioners submits that though the

girl-petitioner No.1 herein, is major, the boy, petitioner No.2 herein is

only 19 ½ years of age and they have solemnized marriage against the

wishes of respondent Nos.4 to 6 and seek protection of their life and

liberty as they apprehend danger to their life and liberty at their hands.

They have placed on record marriage certificate (Annexure P-3). The

marriage solemnized between the petitioners would be voidable at the

instance of anyone of the petitioners only.

3. Having heard the learned counsel for the petitioners and

while refraining from making any expression as regards validity of

marriage of parties or as regards merits of the case, the petition is

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disposed of with liberty to the petitioners to approach the District and

Sessions Judge concerned seeking appropriate directions especially in

view of judgment dated 25.7.2012 rendered by Division Bench of this

Court in CWP No.6717 of 2009 titled 'Asha and another Vs. State of

Haryana and others, 2012 SCC OnLine P&H 12746.'

4. Meanwhile, till the petitioners are able to approach the Court

of District and Sessions Judge concerned, for the purpose of filing the

requisite petition, which they would be expected to file in a day or two,

the petitioners may approach the nearest Police Station for seeking

protection till they file the petition before District Judge. Upon being

approached, the SHO concerned shall examine the alleged threat

perception and ensure that no harm is caused to petitioners till they are

able to approach the District Judge concerned and till the matter is put up

before him.

5. The petitioners may also seek assistance from the office of

Secretary, District Legal Services Authority (DLSA) of the district

concerned for the purpose of filing of petition seeking appropriate

directions. The Secretary, DLSA shall render all the assistance as may be

possible including providing of 'free legal aid', to which the petitioners

may be entitled to. The SHO, concerned shall also apprise the petitioners

about their rights to avail assistance from office of District Legal

Services Authority of the district concerned.

6. The petition stands disposed of accordingly.

16.02.2021                                         (JAISHREE THAKUR)
ps-I                                                     JUDGE
Whether speaking/reasoned :                  Yes      No
Whether Reportable :                         Yes      No


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