Charanjit Kaur And Another vs State Of Punjab And Others
2021 Latest Caselaw 1760 P&H

                                                                                 109
           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                        CRWP No.4178 of 2021 (O&M)
                                        Date of decision: 11.05.2021

Charanjit Kaur and another
                                                                     .....Petitioners
                                       Versus
State of Punjab and others
                                                                   .....Respondents

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU


Present:     Mr. Deepanshu Mehta, Advocate for the petitioners.

                          ****

MAHABIR SINGH SINDHU, J.

1. Present criminal writ petition under Articles 226/227 of the

Constitution of India has been filed by the petitioners praying for protection to

their life and liberty in view of the marriage solemnized by them against the

wishes of respondent Nos.3 to 6.

2. Notice of motion.

3. On the asking of the Court, Mr. Venu Gopal Jauhar, Sr. DAG,

Punjab, who is present through Video-Conference, accepts notice on behalf of

official respondent Nos.1 & 2 and requisite copies of the petition have already

been supplied to the State by the learned Counsel for the petitioners.

4. Paper-book reveals that petitioner No.1 was earlier married with one

Bhupinder Singh; whereas petitioner No.2 was earlier married with one Rano and

they filed respective petitions under Section 13-B of the Hindu Marriage Act,

1955 for dissolution of their marriages by way of decrees of divorce with mutual

consent, which were allowed, vide judgments and decrees dated 13.08.2019 and

13.07.2020 (P-7 & P-8, respectively). Thereafter, marriage of the petitioners was

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solemnized on 28.04.2021. The documents annexed by the petitioners with the

petition including Aadhaar Cards (P-1 and P-2, respectively) show that both are

major and duly identified by their Counsel, but apprehending danger to their life

and liberty at the hands of respondent Nos.3 to 6.

5. Therefore, the present petition is disposed off with a direction to

respondent No.2-Senior Superintendent of Police, Gurdsapur to protect the life

and liberty of the petitioners as per law.

6. However, it is made clear that this order may not be construed as

expression of an opinion on legality and validity of the marriage of the

petitioners.

7. In case any criminal case is pending against petitioner No.2, this

order shall not be any hindrance for the Investigating Officer to proceed

according to law.

May 11th, 2021                                     ( MAHABIR SINGH SINDHU )
Gagan                                                       JUDGE



                       Whether speaking/reasoned        Yes/No
                          Whether Reportable            Yes/No




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