Monika And Another vs State Of Haryana And Others
2023 Latest Caselaw 20447 P&H

Citation : 2023 Latest Caselaw 20447 P&H
Judgement Date : 24 November, 2023

Punjab-Haryana High Court

Monika And Another vs State Of Haryana And Others on 24 November, 2023

                                                           Neutral Citation No:=2023:PHHC:149953




115                               Neutral Citation No. 2023:PHHC:149953

      IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH

                                              CRWP-11185-2023 (O&M)
                                              Date of decision: 24.11.2023


Monika and another                                        ....Petitioners.

                            Versus

State of Haryana and others                               ....Respondents.


CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY

Present:-    Ms. Suresh Saran, Advocate,
             for the petitioners.

             Mr. Surender Singh, AAG, Haryana.

                            .....

SANJIV BERRY, J. (ORAL)

CRM-W-1695-2023

1. Heard.

2. Keeping in view the averments made in the application,

judgment dated 10.11.2023, passed by learned Additional Principal

Judge, Family Court, Hisar, and photographs of marriage as Annexure

P-5 and P-6, respectively, are taken on record.

3. Disposed of.

4. Registry to tag the same at appropriate place.

CRWP-11185-2023

This is a petition filed under Article 226 of the Constitution

of India for directions to respondents No. 1 to 3 to protect the life and

liberty of the petitioners at the hands of private respondents No. 4 to 6.

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CRWP-11185-2023 (O&M) -2-

2. Learned counsel for the petitioners submits that the

petitioner No. 1, who is unmarried and petitioner No. 2, who has been

granted decree of divorce vide judgement dated 10.11.2023, passed by

learned Additional Principal Judge, Family Court, Hisar, have

contracted marriage on 14.11.2023 according to Hindu rites and

ceremonies. He also refers to the marriage certificate dated 14.11.2023

(Annexure P-3). He also referred to the Aadhar Cards (Annexures P-1

and P-2) of the petitioners to show that the petitioners are major.

3. Learned counsel for the petitioners further submits that the

private respondents No. 4 to 6 are not accepting the marriage of

the petitioners and they apprehend danger to their life and liberty from

the private respondents and in this regard they have already moved a

representation dated 15.11.2023 (Annexure P-4) before Superintendent

of Police, Bhiwani, District Bhiwani.

4. Notice of motion.

5. On the asking of the Court, Mr. Surender Singh, AAG,

Haryana, present in Court, accepts notice on behalf of the State-

respondents.

6. Without commenting on the validity of the marriage, the

petition is disposed of with the direction to respondent No. 2 -

Superintendent of Police, Bhiwani, District Bhiwani, to consider the

representation dated 15.11.2023 (Annexure P-4) keeping in view the

facts and circumstances of the case and if so warranted, take action, to

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ensure protection to the life and liberty of the petitioners, strictly in

accordance with law.

7. This order is not to be construed as any opinion with regard

to the age of the petitioners or factum or validity of their marriage in

any civil or criminal proceedings nor the petitioners would be 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).




                                                       (SANJIV BERRY)
24.11.2023                                                 JUDGE
preeti

i)     Whether speaking/reasoned?             Yes/No

ii)    Whether reportable?                    Yes/No

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