Navdeep Singh And Another v. State Of Punjab And Others

Navdeep Singh And Another v. State Of Punjab And Others

(High Court Of Punjab And Haryana)

CRWP-7832-2021 | 07-09-2021

AMOL RATTAN SINGH, J.

1. Case heard via video conferencing.

2. By this petition, the petitioners seek protection of life and liberty at the hands of respondents no.4 to 12, upon the petitioners having married each other (as contended) against the wishes of the said respondents, on 10.08.2021.

3. On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier. He states that he has obtained specific instructions from the petitioners in that regard.

4. Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without making any comment whatsoever on the validity of the marriage, or otherwise, this petition is disposed of with a direction to respondents no.2 and 3, to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents, or at their behest.

5. Since there is no firm proof of age of either of the petitioners other than their Aadhar Cards, which is actually not a firm proof of age, if any of the petitioners are found to be below the marriageable age in terms of the provisions of the Prohibition of Child Marriage Act, 2006, this order shall not be construed to be a bar on any proceedings initiated under that Act, the offences committed under that Act being cognizable in terms of Section 15 thereof.

6. Further, it is made clear that if any of the averments made in the petition is found to be incorrect, specifically with regard to either the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, this order shall not be construed to be a bar on proceedings initiated as per law.

Advocate List
Bench
  • HON'BLE MR. JUSTICE AMOL RATTAN SINGH
Eq Citations
  • LQ/PunjHC/2021/10034
Head Note

Constitution of India — Arts. 21 and 226 — Protection of life and liberty — Petitioners married each other against wishes of respondents — Neither petitioners in any prohibited relationship to each other, nor any of them married earlier — Held, protection of life and liberty being a fundamental right of every citizen, without making any comment whatsoever on validity of marriage, petitioners directed to be protected from any harm or threat at hands of respondents — Since there is no firm proof of age of either of petitioners other than their Aadhar Cards, which is actually not a firm proof of age, if any of the petitioners are found to be below marriageable age in terms of provisions of Prohibition of Child Marriage Act, 2006, this order shall not be construed to be a bar on any proceedings initiated under that Act — Further, if any of the averments made in petition is found to be incorrect, specifically with regard to either petitioners being in any prohibited relationship to each other, or as regards their previous marital status, this order shall not be construed to be a bar on proceedings initiated as per law — Prohibition of Child Marriage Act, 2006 — Ss. 3 and 15 (Paras 4 to 6)