Punjab-Haryana High Court
Neelu Talotra And Another vs State Of Punjab And Others on 30 September, 2022
-1-
CRWP-9452 of 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-9452 of 2022
Date of decision: 30.09.2022
Neelu Talotra and another
......Petitioners
vs.
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
Present: Mr. N.K. Vadhera, Advocate, for the petitioners.
Mr. G.S. Sandhu, Deputy Advocate General, Punjab.
Ms. Suman Kumari, Advocate, for respondent No.4.
ASHOK KUMAR VERMA, J. (ORAL)
Through this petition under Article 226 of the Constitution of
India, prayer has been made for issuance of a direction to respondents No.
1 to 3 to protect the life and liberty of the petitioners from the hands of
respondent No.4 and 5, as they have solemnized marriage against the
wishes of private respondents.
Learned counsel for the petitioners contends that both the
petitioners are major and they have right to live their life on their own
terms. However, the private respondents are adamant to separate them
from each other by resorting to illegal means. Learned counsel also
submits that petitioner No.2-Rohit Saini was earlier married to one
Monika Devi. However, marriage between them has already been
dissolved by way of decree of divorce by mutual consent under Section
13-B of the Hindu Marriage Act, 1955 by the Family Court, Pathankot,
vide judgment dated 14.10.2019 (Annexure P-4A). Learned counsel
further submits that in view of imminent danger to the life and liberty of
1 of 3
CRWP-9452 of 2022
the petitioners, they have moved a representation dated 27.09.2022
(Annexure P-5) to respondent No.2-Senior Superintendent of Police,
Gurdaspur.
Notice of motion to official respondents No.1 to 3 only at this
stage.
On the asking of the Court, Mr. G.S. Sandhu, Deputy Advocate
General, Punjab, accepts notice on behalf of respondents No.1 to 3.
At this stage, Ms. Suman Kumari, Advocate, appears and files
her power of attorney on behalf of respondent No.4, which is taken on
record.
I have heard learned counsel for the parties and perused the
paper book.
Having regard to the facts and circumstances of the case, I am of
the view that the petitioners are at liberty to live together being major and
no person shall be permitted to interfere in their peaceful living as right to
life is a fundamental right under Article 21 of the Constitution of India
which mandates that no person shall be deprived of his right to life and
personal liberty.
In view of the above, this petition is disposed of with a direction
to respondent No.2-Senior Superintendent of Police, Gurdaspur, to look
into the representation dated 27.09.2022 (Annexure P-5) of the petitioners
seeking protection of life and liberty and if necessary, requisite steps be
taken strictly in accordance with law for grant of protection of life and
liberty of the petitioners
It is, however, clarified that in case, there is any criminal case
2 of 3
CRWP-9452 of 2022
registered against the petitioners, this order shall not be construed as an
impediment for the law enforcing agency to proceed against the
petitioners, in accordance with law.
(ASHOK KUMAR VERMA)
September 30, 2022 JUDGE
R.S.
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
3 of 3
