Sandeep Kumar And Another v. State Of Punjab And Others

Sandeep Kumar And Another v. State Of Punjab And Others

(High Court Of Punjab And Haryana)

CRWP-10012-2021 | 19-10-2021

KARAMJIT SINGH, J.

1. Case has been heard through video conferencing on account of COVID-19 Pandemic.

2. Petitioners allege that both of them are major and they got married on 13.10.2021 against the wishes of respondent Nos.4 to 6 who are related to petitioner No.1. It is their first marriage. Petitioner No.1 is Hindu whereas petitioner No.2 is Muslim girl.

3. Counsel for the petitioners submits that the aforesaid private respondents have threatened to cause harm to both the petitioners and in this regard, representation (Annexure P-5) was given on 13.10.2021 to respondent No.2 but till date no action has been taken by the concerned authority in this regard.

4. Notice of motion.

5. Mr. Luvinder Sofat, AAG, Punjab accepts notice on behalf of the State of Punjab. He submits that the concerned authority will look into the matter and take decision on the representation of the petitioners in accordance with law.

6. Persons who are major have fundamental right to choose their own life partners, even inspite of opposition voiced by their family members.

7. In view of above, without going into merits of the case, this petition is hereby disposed of with direction to respondent No.2 to consider representation dated 13.10.2021 (Annexure P-5) and to provide appropriate protection to the petitioners if so warranted. However, any observations made in this order will not be construed as an expression of opinion on the validity of the marriage of the petitioners.

Advocate List
Bench
  • HON'BLE MR. JUSTICE KARAMJIT SINGH
Eq Citations
  • LQ/PunjHC/2021/12152
Head Note

Constitution of India — Art. 21 — Right to life and personal liberty — Right to choose life partner — Petitioners, major, got married against wishes of respondent-private persons related to petitioner No. 1 — Held, persons who are major have fundamental right to choose their own life partners even inspite of opposition voiced by their family members — Petition disposed of with direction to respondent No. 2 to consider representation and to provide appropriate protection to petitioners if so warranted (Paras 6 and 7)