Saif Ali And Anr vs State Of Haryana And Others
2022 Latest Caselaw 14254 P&H

115            CRM-W-1371-2022 in
               CRWP-6860 of 2022

SAIF ALI AND ANR. VS STATE OF HARYANA AND OTHERS

               ****

Present:       Ms. Santosh Bhardwaj, Advocate,
               for the applicant-respondent No.4.

               ****

The present application has been filed on behalf of respondent

No.4 for recalling of the order dated 18.07.2022 (Annexure A-1) passed by this

Court in CRWP-6860 of 2022 in which protection was granted to the

petitioners.

Learned counsel for the applicant has stated that in the earlier

petition the petitioner No. 2 had stated that she has attained the age of 18 years

and a copy of false Aadhar card was attached and consequently this Court had

granted protection to the petitioners and therefore the aforesaid order may be

recalled.

I have heard the learned counsel for the applicant.

While disposing of the main petition on 18.07.2022, this Court had

directed the respondent No.2- Superintendent of Police, Palwal, Haryana that

the representation, if any, filed seeking protection of life and liberty, be looked

into and contents thereof be duly verified and if necessary, requisite steps be

taken, strictly in accordance with law for grant of protection of life and liberty

to the petitioners. It was also made clear by this Court that the aforesaid order

shall not be treated as a stamp of this Court regarding marriage of the parties.

Therefore, the only direction which was issued by this Court was for protection

of life and liberty which is guaranteed under Article 21 of the Constitution of

India, with a clarification that the order will not be treated as a stamp of this

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CRM-W-1371-2022 in -2-

CRWP-6860 of 2022

Court regarding the marriage of the parties.

Learned counsel for the applicant has submitted that petitioner

No.2 was not 18 years but of 17½ years.

This Court is of the view that the aforesaid shortfall of

approximately 6 months cannot become a ground for recalling of an order by

which protection of life and liberty was granted to the parties under Article 21

of the Constitution of India. Apart from the same, on a query being raised to

the learned counsel for the applicant, as to whether the petitioners were

governed by the Muslim law, she stated that both the petitioners were governed

by the Muslim law and therefore even otherwise also as per the judgment of a

co-ordinate Bench of this Court in Gulam Deen and another versus State of

Punjab and others (CRWP-5744 of 2022), a Muslim girl is entitled to marry

after attaining the age of 15 years.

In view of the aforesaid facts and circumstances, this Court does

not find any merit in the present application and the same is hereby dismissed.

(JASGURPREET SINGH PURI) JUDGE November 14, 2022 dinesh

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