Punjab-Haryana High Court
Mumtaj And Anr vs State Of Haryana And Others on 29 April, 2023
2023:PHHC:061206
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRWP-4100-2023 (O&M)
Date of Decision:-29.04.2023
Mumtaj and another ... Petitioners
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. D.S.Matya, Advocate with
Mr. Navneet Kumar, Advocate for the petitioners.
*****
GURVINDER SINGH GILL, J.(Oral)
1. Petitioner No.1-Mumtaj aged about 19 years and petitioner No.2-Mustaquim
aged about 31 years who is stated to be already married to respondent No.10-
Rashida seek issuance of a direction to the official respondents to protect
their lives and liberty as they apprehend threat to the same at the hands of
private respondents, having married against the wishes of their families.
2. Notice of motion.
3. At this stage Ms. Geeta Sharma, DAG, Haryana, has put in appearance on
behalf of respondent-State and accepts notice.
4. Learned counsel for the petitioners submits that although petitioner No.2 is
already married to respondent No.10 and has three children from the said
marriage, but he undertakes to look after the said children and that even
MOHAN SINGH
2023.04.29 15:02
I attest to the accuracy and
authenticity of this
order/judgment
CRWP-4100-2023 (O&M) (2) 2023:PHHC:061206
petitioner No.1 does not have any objection for the same as has been
specifically deposed in affidavit (Annexure P-9). The learned counsel for
the petitoner submitted that the petitioner No.2 is willing to deposit an
amount of Rs.10 lakhs in the Court in order to prove his bonafides as regards
his willingness to maintain his children from the first marriage.
5. Keeping in view the aforesaid offer, petitioner No.2 shall deposit the
aforesaid amount of Rs.10 lakhs before learned Chief Judicial Magistrate,
Nuh within 15 days from today. Upon deposit of such amount, the Chief
Judicial Magistrate, concerned shall get the same invested in some FDR with
some Nationalized Bank with a specific direction to Manager of the bank
concerned not to entertain any request for encashment of the same except
under orders of the Court.
6. The aforesaid amount may later be ordered to be released by the Court for
the purpose of benefit of the children.
7. Without commenting as regards the veracity of the averments made in the
petition and also as regards the validity of alleged marriage of the petitioners,
the petition is disposed of with a direction to respondent No.2-
Superintendent of Police, Nuh, District Nuh, to look into the matter and
consider the alleged threat perception of the petitioners provided the
petitioners submit a detailed representation to respondent No.2 in this regard
within a period of one week from today. In case, it is found that there is a
genuine threat to the lives and liberty of the petitioners, then necessary steps
warranted under law be taken thereupon at the earliest so as to ensure that no
harm is caused to the petitioners.
MOHAN SINGH
2023.04.29 15:02
I attest to the accuracy and
authenticity of this
order/judgment
CRWP-4100-2023 (O&M) (3) 2023:PHHC:061206
8. A copy of this order be sent to respondent No.2-Superintendent of Police,
Nuh, District Nuh, so as to enable him to do the needful expeditiously.
9. It is, however, clarified that the aforesaid order shall not be taken to be any
expression as regards the validity of marriage of the petitioners and shall not
confer any immunity upon the petitioners, in case it is found that they have
committed any wrong.
29.04.2023 ( GURVINDER SINGH GILL )
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
MOHAN SINGH
2023.04.29 15:02
I attest to the accuracy and
authenticity of this
order/judgment
