Citation : 2023 Latest Caselaw 4099 P&H
Judgement Date : 13 April, 2023
Neutral Citation No:=2023:PHHC:050815
114 2023:PHHC:050815
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-3427-2023
Date of Decision: 13.04.2023
MANPREET KAUR AND ANOTHER ... PETITIONERS
V/S
STATE OF PUNJAB AND OTHERS ... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE VIVEK PURI
Present: Mr. Vikrampreet Arora, Advocate for the petitioners.
Ms. Ruchika Sabherwal, DAG Punjab.
***
VIVEK PURI, J. (ORAL)
Heard.
Learned counsel for the petitioners has relied upon a judgment
of the Hon'ble Supreme Court of India in the case of Nandakumar and
another Versus State of Kerala and others, AIR 2018 SC 2254 and
judgment of this Court in CWP No. 31834 of 2019 titled as Megha and
another Versus State of Haryana and others, decided on 04.11.2019.
It has been stated that both the petitioners have attained the age
of majority, though the petitioners are in live-in-relationship but it has been
pointed out that none of them was married at the earlier instance. They are
apprehending threat and danger to their lives and liberty at the instance of
respondent Nos. 4 to 7, who are stated to be relatives of petitioner No.1.
Without dilating further, suffice it to say that the Court is
primarily concerned with the petitioners' right to protect their lives and
liberty against any perceived threat at the instance of the third party as such
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Neutral Citation No:=2023:PHHC:050815
CRWP-3427-2023 - 2 -
right has been guaranteed to them as per Article 21 of the Constitution of
India.
It has been pointed out that a representation dated 07.04.2023
(Annexure P-3) has already been submitted to respondent No.2.
Notice of motion to official respondents only.
Ms. Ruchika Sabherwal, DAG Punjab accepts notice on behalf
of respondent-State. Copy of the paper-book be supplied to her during the
course of the day.
Without making any further observations on the merits or
legality and validity of the relationship, the petition is disposed of with a
direction to respondent No.2 to look into the grievance of the petitioners as
projected through representation dated 07.04.2023 (Annexure P-3) in
accordance with law and furthermore, take remedial action if the
apprehension of danger is real and genuine one.
This order is not to be construed as any opinion with regard to
the legality and validity of the relationship, or the age of the petitioners or
with regard to any civil or criminal proceedings.
13.04.2023 (VIVEK PURI)
Janki JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:050815
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