Kailash Rani And Another vs State Of Punjab And Others
2023 Latest Caselaw 19032 P&H

                CRWP-10323-2023                                       -1-         2023:PHHC: 140452


                       IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                259                                      CRWP-10323-2023
                                                         Date of decision: 03.11.2023


                KAILASH RANI AND ANOTHER
                                                                                  .... PETITIONERS
                                                               V/S


                STATE OF PUNJAB AND OTHERS
                                                                                  ...RESPONDENTS

                CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI


                Present:              Mr. Parvesh Sachdeva, Advocate
                                      for the petitioners.

                                      Mr. Harkanwar Jeet Singh, AAG, Punjab.

                                      ****

                JASJIT SINGH BEDI, J. (Oral)

1. The learned counsel for the petitioners submits that this is the first

marriage between the petitioners.

2. The petitioners have prayed for the issuance of necessary directions

to the official respondents for protecting their civil/personal rights and liberties

from being invaded by the private respondents. The petitioner No.1-Kailash Rani

is stated to be major as according to the Aadhar Card (Annexure P-1), her exact

date of birth is 10.02.2005 whereas the petitioner No.2-Prince Kumar is stated to

be minor as according to the Aadhar Card (Annexure P-2), his exact date of birth

is 21.11.2002. The petitioners are alleged to have solemnized marriage on

04.10.2023 (Annexure P-3). They feel reasonable apprehension and a threat

perception at the hands of the private respondents and pray that their

personal/civil rights be not violated by them.

KUSUM 2023.11.06 12:04 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

3. Precisely, in the context of the aforesaid relief, the petitioners have

approached the Senior Superintendent of Police, Fazilka, District

Fazilka-respondent No.2 by way of a representation dated 12.10.2023

(Annexure P-5).

4. Mr. Harkanwar Jeet Singh, AAG, Punjab has put in appearance on

behalf of respondent Nos.1 to 3.

5. At this stage, without expressing any opinion as to the validity of the

marriage and majority of the petitioners, it would be just and appropriate to direct

respondent No.2 to look into the grievance of the petitioners and pass an

appropriate order on merits in accordance with law. Respondent No.2 would pass

necessary order without being influenced by any pleadings made in the petition.

It would be appreciated if the needful is done within a period of one month from

the date of receipt of a certified copy of this order.

6. However, it is made clear that this order shall not debar the official

respondents from proceeding against any of the parties, if they are involved in

any other case.

7. The petition stands disposed of accordingly.

                                                                      ( JASJIT SINGH BEDI )
                                                                           JUDGE
                November 03, 2023
                Kusum


                                             Whether speaking/reasoned :        Yes/No
                                             Whether reportable :               Yes/No




KUSUM
2023.11.06 12:04
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD