Shivanshi And Anr vs State Of Punjab And Others
2022 Latest Caselaw 5422 P&H

CRWP-5176-2022                                                            -1-

119
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                  CRWP-5176-2022
                                                  Date of decision : 27.05.2022
Shivanshi and another

                                                                     ...Petitioners

                                         Versus

State of Punjab and others

                                                                   ...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr. Jaswinder Singh, Advocate for the petitioners.

             Mr. Sukhbeer Singh, AAG, Punjab.

                    ****

VIKAS BAHL, J. (ORAL)

The present Criminal Writ Petition has been filed under Article

226 of the Constitution of India for directing respondent Nos. 2 and 3 to

protect the life and liberty of the petitioners.

It is the case of the petitioners that they both are major

inasmuch as petitioner No.1 was born on 01.08.2003 and petitioner No.2

was born on 24.07.1991, and have married each other on 25.05.2022, with

their free consent and without any pressure and that this is their first

marriage. Reliance has been placed upon Aadhaar Cards (Annexures P-1

and P-2), the Marriage Certificate (Annexure P-3) and Photographs

(Annexure P-4). It is also stated by the learned counsel for the petitioners

that a detailed representation dated 25.05.2022 (Annexure P-5) has also

been given to respondent No.2 with regard to the same.

1 of 2

Learned counsel for the petitioners has submitted that the

petitioner No. 2 was earlier married to Sunita and vide judgment dated

04.04.2018, the petition under Section 13(b) of the Hindu Marriage Act,

1955 has been allowed on the basis of mutual consent and the said marriage

has been dissolved.

Notice of motion to respondent Nos.1 to 3 only.

On advance notice, Mr. Sukhbeer Singh, AAG, Punjab, appears

and accepts notice on behalf of respondent Nos. 1 to 3 and on a specific

query put by this Court, he has stated that he has no objection in case,

respondent No.2-Senior Superintendent of Police, looks into the

representation dated 25.05.2022 (Annexure P-5) and takes appropriate

action in accordance with law.

After considering the abovesaid facts and without commenting

upon the legality of the marriage and expressing any opinion on merits of

the case, the present Criminal Writ Petition is disposed of with direction to

respondent No.2 to look into the representation dated 25.05.2022 (Annexure

P-5) and after considering the threat perception to the petitioners,

respondent No.2 will take appropriate action in accordance with law.

It is, however, clarified that this order shall not debar the State

from proceeding against the petitioners, if involved in any other case.

27.05.2022                                            (VIKAS BAHL)
Mehak                                                    JUDGE


                      Whether speaking/reasoned:-     Yes/No
                      Whether reportable:-            Yes/No




                                   2 of 2