Punjab-Haryana High Court
Tarif Hussain And Anr vs State Of Haryana And Ors on 14 November, 2024
Neutral Citation No:=2024:PHHC:148758
130
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-W-1441-2024 in/and
CRWP-11043-2024
Date of Decision : 14.11.2024
TARIF HUSSAIN AND ANOTHER
.....Petitioners
VERSUS
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Ms.Deepika, Advocate,
for the applicants/petitioners.
Mr. Bhupender Singh, DAG, Haryana.
KULDEEP TIWARI, J.(Oral)
CRM-W-1441-2024
1. Leave granted.
CRWP-11043-2024
2. By way of filing this petition, the petitioners seek necessary
protection of their lives and personal liberties in view of the fact that they
have solemnised marriage with each other, and are under eminent threats
at the hands of respondents No. 4 to 10.
3. Learned counsel for the petitioners submits that petitioner
no.1 is aged about 19 years, whereas, petitioner no. 2, is a minor, aged
about 17 years, as per their Aadhar cards (Annexures P-1 and P-2
respectively), and have solemnised marriage. Such grievance of the
respondents no.4 to 10 has made them apprehensive of danger to their
lives and liberty and resultantly, it has constrained them to approach this
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Court, to seek protection of their lives and liberty. The marriage
certificate of the petitioners evidencing their marriage is available on
record as Annexures P-3. The petitioners have also submitted a
representation dated 10.11.2024 (Annexure P-4) to the respondent no.2.
4. He further contends that the issue of providing protection in
case of minor petitioner(s), by way of issuance of a writ in the nature of
mandamus, has already been dealt with in detail by a co-ordinate Bench
of this Court in the case of P...... Minor Through Vikram v. State of
Haryana and another (CRWP-2139-2022 (O&M), decided on
28.03.2022) and other connected matters, i.e. CRWP-2140-2022
(O&M) and CRWP-2250-2022 (O&M). He further submits that the
petitioners would be satisfied if the present petition is disposed of in
terms of the aforementioned judgment, dated 28.03.2022.
5. The co-ordinate Bench in the case of P...... Minor Through
Vikram (supra), after noticing various provisions of the Hindu Marriage
Act, 1955, the Hindu Minority and Guardianship Act, 1956, the Indian
Majority Act, 1875, the Juvenile Justice (Care and Protection of Children)
Act, 2015, as also the case law, while partly allowing the said petitions,
issued certain directions, which reads as under:-
"26. In view of the above, the petitions are partly allowed with
directions as under:-
I. The minor in all these cases happen to fall within the
definition of child in need of care and protection as provided
under section 2(14)(vii)(xii) of Juvenile Justice (Care and
Protection of Children) Act, 2015. The Senior
Superintendent of Police/Superintendent of Police of the
respective districts shall depute a Child Welfare Police
Officer to produce the minor/child before the Committee
constituted under the Juvenile Justice (Care and Protection
of Children) Act 2015.
II. The respective Committee shall conduct enquiry
contemplated under Section 36 of the Juvenile Justice (Care
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and Protection of Children) Act 2015 and pass an appropriate
order under section 37 of the said Act, by associating all the
stakeholder, and to ensure that the objects of the Juvenile
Justice (Care and Protection of Children) Act 2015 are well
served.
III. The Child Welfare Committee shall take appropriate
decisions with respect to the boarding and lodging of the
minor and also to conduct enquiry on all issues relating to
and affecting safety and well-being of the child/minor.
IV. During the pendency of such adjudication and passing of
orders as contemplated under Section 37 of the Juvenile
Justice (Care and Protection of Children) Act 2015, the
committee shall also take appropriate interim/decisions as
regards placement of a child/custody of the child in need of
care and protection.
V. The concerned SSPs/SPs shall also take appropriate steps as
warranted by law against the threat perception to the minor
as well as to their next friend, through whom the minors
have approved this Court and to ensure that the respective
petitioners are protected from any physical harm at the
instance of the respondents in respective cases.
VI. The petitioners are directed to appear in the office of SSP/SP
of the respective Districts within a period of 03 days from
today, failing which the concerned SSP/SP shall depute a
Child Welfare Police Officer to produce the minor before the
Child Welfare Committee within a period of 01 week
thereafter.
VII. The Child Welfare Committee constituted under the Juvenile
Justice (Care and Protection of Children) Act 2015, shall
send a compliance report to this Court."
Petitions are party allowed in terms as aforesaid.
Registry is directed to send a copy of the order along
with petition(s) and annexures to the concerned Senior
Superintendent of Police/Superintendent of Police for
necessary compliance."
6. Having considered the submission made by learned counsel
for the petitioners, I am of the view that the facts of the petition in hand
are similar to one noticed in the judgment rendered in the case of P......
Minor Through Vikram (supra). Accordingly, the present petition is
disposed of in terms of the judgment dated 28.03.2022, rendered in the
case of P......Minor Through Vikram (supra).
(KULDEEP TIWARI)
November 14, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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