Mahajbeen And Anr vs State Of Haryana And Others
2023 Latest Caselaw 5766 P&H

                                                                                  2023:PHHC:061198

                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH
                      108
                                                                           CRWP-4162-2023
                                                                           Decided on : 29.04.2023

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

                      CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

                      PRESENT: Mr. Shadab Ahmad, Advocate
                               for the petitioner(s).
                                                         ****

                      SANJAY VASHISTH, J. (Oral)

Prayer in the instant petition filed under Article 226 of the

Constitution of India, is for issuance of directions to official respondents

No.2 & 3, to provide protection of lives and liberty of the petitioners, who

have married against the wishes of private respondents.

2. Learned counsel for the petitioners submits that petitioner No.1

- Mahajbeen, aged about 19 years and petitioner No.2 - Tasleem, aged

about 29 years have solemnized Nikah on 26.04.2023, against the wishes of

their family members, arrayed as respondents No.4 to 6. Learned counsel for

the petitioners further submits that it is the first marriage of both the

petitioners. 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

26.04.2023 (Annexure P-4), to respondent No.2 - Superintendent of Police,

Palwal, wherein, they have expressed their apprehension.

3. Notice of motion.

KAVITA NAIN 2023.04.29 12:35 I attest to the accuracy and integrity of this document order/judgment 2023:PHHC:061198

4. On asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana,

accepts notice on behalf of respondents No.1 to 3 (State).

5. In view of the above, the present petition is disposed of with a

direction to respondent No.2 - Superintendent of Police, Palwal, to look into

the representation dated 26.04.2023 (Annexure P-4), 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.

6. 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 29, 2023 k.nain

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

KAVITA NAIN 2023.04.29 12:35 I attest to the accuracy and integrity of this document order/judgment