Sneha And Another v. State Of Punjab And Others

Sneha And Another v. State Of Punjab And Others

(High Court Of Punjab And Haryana)

CRWP No.6064 of 2021 | 02-07-2021

MEENAKSHI I. MEHTA, J.(Oral)

1. By way of the instant petition, the petitioners have approached this Court with a prayer for the issuance of a direction to respondents No.2 and 3 to protect their lives and liberty as they apprehend threat to the same at the hands of respondents No.4 to 6 because they (petitioners) have solemnized their marriage against the wishes of these respondents. It has also been mentioned in this petition that a representation (Annexure P-4) has already been moved to respondent No.2 in this regard.

2. Notice of motion to respondents No.1 to 3 only.

3. Ms. Samina Dhir, learned Deputy Advocate General, Punjab, who has joined the proceedings on behalf of respondents No.1 to 3 in this case in pursuance of the copies of this petition having been sent to the respondent-State in advance, accepts the notice on behalf of these respondents.

4. Heard.

5. Learned counsel for the petitioners restricts his prayer to the issuance of a direction to respondent No.2 to take appropriate action on the said representation as moved by petitioner No.1, i.e. Annexure P-4.

6. Learned State counsel has no objection for the same.

7. It is worth-while to mention here that in Annexure P-2, i.e. the copy of Aadhar Card of petitioner No.2 Rohan (in vernacular), the date of his birth has been mentioned as 27.04.2002 meaning thereby that he has not yet attained the prescribed age of 21 years for the marriage.

8. However, keeping in view the intent of the fundamental right enshrined in Article 21 of the Constitution of India which ensures the protection of life and liberty to the citizens and without commenting or expressing any opinion on the legality and validity of the marriage as stated to have been solemnized between the petitioners, respondent No.2- Commissioner of Police, Jalandhar, is hereby directed to look into the said representation of petitioner No.1 (Annexure P-4) and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law.

9. It is further clarified that this order shall not be construed to be a shield to the petitioners against any proceedings already initiated or intended/contemplated to be initiated by the competent authority/person on account of their afore-said marriage and permissible under any relevant provisions of law.

10. This petition stands disposed of accordingly.

Advocate List
Bench
  • HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA
Eq Citations
  • LQ/PunjHC/2021/5641
Head Note