Farzana Begam @ Aman And Another vs State Of Punjab And Others
2021 Latest Caselaw 1778 P&H

  IN THE HIGH COURT OF PUNJAB AND HARYANA
               AT CHANDIGARH
110                                                      CRWP-4217-2021
                                            Date of Decision : May 17, 2021

FARZANA BEGAM @ AMAN AND ANOTHER

                                                              .....Petitioners
                                    VERSUS

STATE OF PUNJAB AND OTHERS
                                                            .....Respondents

CORAM: HON'BLE MR. JASGURPREET SINGH PURI

Present : Ms. Bhavna Grewal, Advocate for the petitioners.

Through Video Conferencing

JASGURPREET SINGH PURI. J. (Oral)

The present petition has been filed under Article 226 of the

Constitution of India seeking direction for protection of life and liberty of

the petitioners at the hands of private respondents.

Learned counsel for the petitioners has submitted that the

petitioner no.1 is 21 years of age and petitioner no.2 is 22 years of age

and both of them are of marriageable age. She further submitted that they

have got married to each other out of their free consent and although the

petitioner no.1 was earlier Muslim by religion, she got converted into

Hindu religion and, therefore, got married to petitioner no.2. She further

submitted that the prayer of the petitioners is confined only for the grant

of protection of life and liberty and the validity of the marriage was not

the subject matter in the present case. She further submitted that the

private respondents were opposed to the marriage and, therefore, there is

an acute threat at the hands of private respondents and has prayed for

protection of life and liberty. She has also relied upon a judgment of

Division Bench of this Court in LPA-1678-2014, titled as 'Rajwinder

1 of 2

Kaur and another Vs. State of Punjab and others, to contend that even

if the marriage between the petitioners inter-se is not valid, the right of

protection of life and liberty is guaranteed under Article 21 of the

Constitution of India and, therefore, has prayed for the issuance of such

directions.

Notice of motion to respondent Nos.1 to 3.

Mr. Sidakmeet Sandhu, AAG, Punjab accepts notice on

behalf of all the respondents and states that he has no objection in case

the representation (Annexure P-4) given by the petitioners to

Commissioner of Police, Jalandhar is considered in accordance with law.

I have heard the learned counsel for the parties.

The scope of the present petition is only regarding the

protection of life and liberty of the petitioners and, therefore, the validity

of the marriage cannot be a ground for denial of such protection.

Consequently, it is directed that the respondent No.3 shall

look into the representation (Annexure P-4) and if so required shall

ensure the protection of life and liberty of the petitioners pertaining to

their lives. It is made clear that the present directions are being issued

only for the purpose of protection of life and liberty of the petitioners and

does not reflect anything whatsoever on the validity of the marriage.

In view of the above, the present petition is disposed of.

May 17, 2021                               (JASGURPREET SINGH PURI)
ajay-1                                            JUDGE
              Whether speaking/reasoned.       :      Yes/No
              Whether Reportable.              :      Yes/No




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