Punjab-Haryana High Court
Simran Kaur And Anr vs State Of Punjab And Others on 25 April, 2023
2023:PHHC:057905
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
109
CRWP-3903-2023
Decided on : 25.04.2023
Simran Kaur and another
. . . Petitioner(s)
Versus
State of Punjab and others
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Gurjant Singh Swaich, Advocate
for the petitioner(s).
****
SANJAY VASHISTH, J. (Oral)
1. Petitioner No.1-Simran Kaur, aged 24 years and petitioner No.2
-Paramjot Singh, aged about 28 years have filed the instant petition for
seeking directions to respondents No.1 & 2 to protect their lives and liberty
which is stated to be at risk at the hands of respondents No.4 to 8, who are
family members of petitioner No.1.
2. Counsel for the petitioners further submits that petitioner No.2
was earlier married to one Gurdev Kaur, d/o Sh. Gursewak Singh r/o Village
Bhaini Sahib, Tehsil and District Ludhiana. However, by way of mutual
divorce decree dated 08.02.2023 passed by the Court of Principal Judge,
Family Court Ludhiana, Camp Court at Samrala, said marriage was dissolved
under Section 13(B) of the Hindu Marriage Act. Photocopy of the judgment
dated 08.02.2023 is placed on record by the petitioners today in Court, which
is taken on record, subject to all just exceptions. Office to tag the same at
appropriate place.
3. Learned counsel for the petitioners submits that both the
petitioners have solemnized marriage on 19.04.2023, against the wishes of
KAVITA NAIN
2023.04.25 17:27
I attest to the accuracy and
integrity of this document
order/judgment
2023:PHHC:057905
their family members, arrayed as respondents No.4 to 8. It has been
submitted that the private respondents are threatening to interfere in the
matrimonial life of the petitioners. Hence, the petitioners are seeking
protection in that regard and have approached this Court by way of filing the
instant petition. They have also submitted a representation dated 19.04.2023
(Annexure P-5), to respondent No.2 - Senior Superintendent of Police,
Khanna, wherein, they have expressed their apprehension.
4. Notice of motion.
5. On asking of the Court, Mr. Anmol Singh Sandhu, AAG,
Punjab, accepts notice on behalf of respondents No.1 to 3 (State).
6. At this stage, Mr. Harvinder Pal Singh Ghuman, Advocate, puts
in appearance on behalf of respondents No.4 & 6 and files his Vakalatnama
in Court today, which is taken on record, subject to all just exceptions. Office
is directed to tag the same at appropriate place.
He submits that though respondents No.4 & 6 are not averse to
the matrimonial relations of the petitioners, however, if the parents are
afforded a chance, they wish to meet both of them & then to perform the
marriage of the petitioners as per customs.
7. In view of the above, the present petition is disposed of with a
direction to respondent No.2 - Senior Superintendent of Police, Khanna, to
look into the representation dated 19.04.2023 (Annexure P-5), qua threat
perception, and if there is any substance in it, take necessary steps, in
accordance with law, to ensure that the lives and liberty of the petitioners are
not jeopardized at the hands of the private respondents.
As far as wish of the private respondents as stated and recorded
hereinabove is concerned, if same is made before the respondent No.2-
KAVITA NAIN
2023.04.25 17:27
I attest to the accuracy and
integrity of this document
order/judgment
2023:PHHC:057905
Senior Superintendent of Police, Khanna, he/she would examine the situation
and if as per his own wisdom, request made by the private respondents is
found to be genuine, he/she may allow the request of meeting of the parties
under protection cover.
8. However, this direction will not validate the marriage said to
have taken place between the parties and will have no effect on any civil or
criminal action, which could be initiated in the matter in accordance with
law.
(SANJAY VASHISTH)
JUDGE
April 25, 2023
k.nain
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
KAVITA NAIN
2023.04.25 17:27
I attest to the accuracy and
integrity of this document
order/judgment
