Punjab-Haryana High Court
Priya And Another vs State Of Punjab And Others on 2 November, 2023
2023: PHHC : 139435
Priya & another
1. The present petition has been filed under Article 226 of the
Constitution of India for issuance of direction to the official respondents
No.2 & 3 to protect the life and liberty of the petitioners at the hands of
respondents No.4 & 5, not to harass or interfere in the peaceful married
life of the petitioners; along with certain other prayers.
2. The counsel for the petitioners has submitted that he has
verified the identity of the petitioners.
3. The petitioners seek protection of their life and liberty by
contending that both of them having attained the age of majority, have
married each other against the wishes of their respective family
members/respondents No.4 & 5 and to seek appropriate protection from
the authorities. They claim to have submitted a representation (Annexure
P-5) in this regard to Sr. Superintendent of Police, Rupnagar on
18.10.2023, but are still apprehensive about their safety and security in
RAJ KUMAR
2023.11.02 16:32
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2023:PHHC : 139435
view of the alleged inaction of the police and the alleged clout of their
family members/respondents.
4. Notice of motion.
5. , accepts
notice on behalf of the State.
6. Both the petitioners do appear to have crossed the age of
majority as seen from the copies of documents filed and claim to have
married each other, in support of which marriage certificate and
photographs (Annexures P-3 & P-4) have been placed on record.
7. For the aforesaid reasons, this appears to be a fit case for this
Court to invoke the writ jurisdiction under Article 226 of the Constitution
of India to ensure the right to life and liberty as guaranteed to them by
Article 21 of the Constitution.
8. Thus, the Sr. Superintendent of Police, Rupnagar is directed
to consider the representation dated 18.10.2023 (Annexure-P-5) and take
appropriate steps to ensure that no harm is caused to the life and liberty
of the petitioners. It is nevertheless clarified that this order is issued only
on the premise that the petitioners have crossed the age of majority; as
seen from the documents placed on record; being Aadhaar Cards of both
the petitioners (Annexures P-1 & P-2). The petitioners have produced on
record the marriage certificate and photographs (Annexures P-3 & P-4)
qua their stated marriage. However, this order would not ipso facto
amount to granting any seal of approval on the legality of their marriage,
which essentially would come in the domain of the concerned
Matrimonial Courts. Further, they would not be entitled for any
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2023.11.02 16:32
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2023:PHHC : 139435
protection against their arrest or continuance of any criminal proceedings,
if otherwise, found to be involved in commission of any cognizable
offence(s).
9. The petition is disposed of with the above direction.
RAJ KUMAR
2023.11.02 16:32
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integrity of this document/judgment
