Punjab-Haryana High Court
Manjinder Kaur And Another vs State Of Punjab And Others on 14 November, 2023
SANGEETA
113 2023: PHHC:144366
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP-10983-2023
Date of Decision: 14.11.2023
MANJINDER KAUR AND ANOTHER
....Petitioners
VERSUS
STATE OF PUNJAB AND OTHERS
.... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Amit Jain, Advocate for
Mr. Jagmeet Singh Moudgil, Advocate
for the petitioners.
2 3 2K ok
VIKAS SURI, J. (QRAL)
1. This is a petition under Article 226 of the Constitution of India
seeking direction to respondent Nos.2 and 3 to protect life and liberty of the
petitioners.
2. The petitioners claim themselves to be major. It is pleaded that
they have married with each other on 06.11.2023 against the wishes of the
private respondents. This action of the petitioners is not to the liking of private
respondents and thus, the said respondents are threatening them with dire
consequences. They are under apprehension of threat to life and liberty at the
hands of respondent Nos. 4 to 6. The petitioners have submitted a
representation dated 07.11.2023 (Annexure P-4) to the Senior Superintendent of
Police, Patiala-respondent No.2, seeking protection of their life and liberty, but
to no avail.
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SANGEETA
CRWP-10983-2023 -2- 2023:PHHC: 144366
3. In the above circumstances, seeking protection of their life and
liberty, the petitioners have approached this Court by way of the present
petition.
4. A perusal of the record would go to show that the representation
dated 07.11.2023 (Annexure P-4) was sent through courier on 07.11.2023 at
12.30 P.M. The present petition was drafted on the same day, which is
supported by respective affidavits of the petitioners attested on 07.11.2023 at
Chandigarh. The instant petition was instituted on 07.11.2023 at 01.58 P.M. At
the time of institution of petition, the said representation would have apparently
been in the hands of courier booking agent. The present petition is prima facie
premature, as the petitioners have approached this Court in a pre-determined
manner and even without waiting for their alleged representation to reach the
concerned quarter.
5. Faced with the above, learned counsel for the petitioners, thus,
prays for liberty to pursue the representation and states that the petitioners
would be satisfied if a direction is issued for expeditious disposal of the said
representation, at this stage. It is also submitted that till today, no action has
been taken on the said representation.
6. Notice of motion to respondent Nos.1 to 3 only at this stage.
7. Mr. Sanish Girdhar, AAG, Punjab, accepts notice on behalf of
respondent Nos.1 to 3 and waives service.
8. Heard learned counsel for the parties.
9. Without expressing any opinion on the merits of the matter or
commenting thereon and in particular the legality of alleged marriage, the
present petition is disposed of with a direction to the Senior Superintendent of
2023.11.15 17:10
I attest to the accuracy and
authenticity of this
order/judgment
CRWP-10983-2023 -3- 2023: PHHC:144366
Police, Patiala-respondent No.2, to consider the aforesaid representation dated
07.11.2023 (Annexure P-4) and in case there is any threat perception to the
petitioners from the side of the private respondents, to act in accordance with
law and if need be, to provide them interim protection.
10. It is made clear that this order shall not be taken to validate the
alleged marriage between the petitioners or protect them from legal action for
violation of law, if any, committed by them.
(VIKAS SURI)
November 14, 2023 JUDGE
Sangeeta
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
SANGEETA
2023.11.15 17:10
I attest to the accuracy and
authenticity of this
order/judgment
