Sonakshi And Another vs State Of Haryana And Others
2023 Latest Caselaw 5448 P&H

                                                                                    2023:PHHC:058865

                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH
                      108
                                                                            CRWP-3956-2023
                                                                            Decided on : 26.04.2023

                      Sonakshi and another
                                                                                      . . . Petitioner(s)
                                                          Versus
                      State of Haryana and others
                                                                                   . . . Respondent(s)

                      CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

                      PRESENT: Mr. Ravi Malik, Advocate
                               for the petitioners.
                                                    ****
                      SANJAY VASHISTH, J. (Oral)

By way of filing this petition, petitioners seek necessary

protection of their lives and personal liberty in view of the fact that they have

not solemnized their marriage so far and are living in a live-in relationship, as

petitioner No.2 is not of marriageable age, and are under eminent threat at the

hands of respondents No.4 to 7. Learned counsel submits that none of the

petitioners are earlier married.

Learned counsel for the petitioners submits that petitioners are in

a live-in relationship against the wishes of respondent No. 4 to 7, and have

sought protection to their life and liberty. It is submitted that petitioner No.

1-Sonakshi, is aged 18 years and petitioner No. 2 - Nitin Kumar, is aged

about 19 years and they apprehend danger at the hands of private respondents

No.4 to 7, who will eliminate them if they intend to solemnize the marriage

at relevant time.

In the context of threat perception at the hands of private

respondents No.4 to 7, petitioners have allegedly moved representation dated

22.04.2023 (Annexure P-3) to Superintendent of Police, Yamuna Nagar,

(respondent No.2), wherein, all the apprehensions qua their lives and liberty KAVITA NAIN 2023.04.26 12:48 I attest to the accuracy and integrity of this document order/judgment 2023:PHHC:058865

has been expressed.

Notice of motion to respondents No.1 to 3.

On advance notice, Mr. Vikas Bhardwaj, AAG, Haryana, puts in

appearance on behalf of respondents No.1 to 3.

Since petitioners have not contracted any marriage and seek only

protection qua their lives and personal liberty, and for the same already

representation dated 22.04.2023 (Annexure P-3) is pending, it would be

appropriate to direct respondent No. 2 to have a fair look to the said

representation, on the grievance of the petitioners in order to ascertain veracity

of allegations made by them.

Respondent No.2 would be at liberty to devise his/her own

mechanism to ascertain the truth. He/she would also be at liberty to join the

petitioners or any other person acquainted with facts in issue. If the innocence of

the petitioners are established, then respondent No.2 shall proceed to take

appropriate action in order to protect lives and personal liberty of the petitioners

from being invaded by private respondents No.4 to 7.

The aforesaid order is being passed at this stage without meaning

anything on the status of the parties on the basis of live-in relationship and age

of petitioners. Respondent No.2 would consider and pass necessary order

without being influenced by any statement of fact recorded hereinabove.

Petition stands disposed of accordingly.

(SANJAY VASHISTH) JUDGE Apirl 26, 2023 k.nain

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

KAVITA NAIN 2023.04.26 12:48 I attest to the accuracy and integrity of this document order/judgment