Preeti Pandey And Another vs State Of Punjab And Others
2023 Latest Caselaw 19046 P&H

                                                                                   2023: PHHC : 140111




                          Preeti Pandey & 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 to 7, 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 to 7 and to seek appropriate protection from

the authorities. They claim to have submitted a representation (Annexure

P-5) in this regard to respondent No.2, on 30.10.2023, but are still

apprehensive about their safety and security in view of the alleged

RAJ KUMAR 2023.11.03 18:28 I attest to the accuracy and integrity of this document/judgment 2023:PHHC : 140111

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 respondent No.2-Sr. Superintendent of Police,

SBS Nagar, Nawanshahr is directed to consider the representation dated

30.10.2023 (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

RAJ KUMAR 2023.11.03 18:28 I attest to the accuracy and integrity of this document/judgment 2023:PHHC : 140111

entitled for any 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 2023.11.03 18:28 I attest to the accuracy and integrity of this document/judgment