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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHABIR SINGH SINDHU, J.
Amandeep Kaur and another - Petitioners
Versus
State of Punjab and others - Respondents
CRM-M-7310 of 2018
Decided On : 20-02-2018
Protection of Life and Liberty - Marriage - Court directs respondent No. 2 to protect the life and liberty of the petitioners, without expressing opinion on the legality and validity of the marriage.
Fact of the Case:
The petitioners sought protection for their life and liberty due to a marriage solemnized against the wishes of respondent Nos. 4 to 6.
Finding of the Court:
The court directed respondent No. 2 to protect the life and liberty of the petitioners, while clarifying that the order does not express an opinion on the legality and validity of the marriage. The order also stated that it would not hinder any criminal case pending against petitioner No. 2.
Issues: Protection of life and liberty, legality and validity of marriage, pending criminal case against petitioner No. 2.
Ratio Decidendi: The court's decision was based on the apprehended danger to the petitioners' life and liberty, leading to the direction for protection by respondent No. 2, without expressing an opinion on the marriage's legality and validity.
Final Decision: The petition stands disposed of with a direction to protect the life and liberty of the petitioners, without expressing an opinion on the legality and validity of the marriage, and without hindering any pending criminal case against petitioner No. 2.
MAHABIR SINGH SINDHU, J.
Present petition has been filed praying for protection to the life and liberty of the petitioners, in view of the marriage solemnized by them against the wishes of respondent Nos.4 to 6.
2. Notice of motion.
3. Mr. Amitoj Singh Dhaliwal, DAG, Punjab, accepts notice on behalf of respondent Nos.1 to 3 and three copies of the petition have been supplied to him in the Court.
4. The documents annexed by the petitioners including the AADHAR card shows that both are major and are present in Court also duly identified by their counsel. They apprehend danger to their life and liberty at the hands of respondent Nos.4 to 6. Therefore, the present petition is disposed of with a direction to respondent No.2 to protect the life and liberty of the petitioners, as per law.
5. However, it is made clear that this order may not be construed as expression of an opinion on legality and validity of the marriage of the petitioners.
6. In case any criminal case is pending against petitioner No.2, this order shall not be any hindrance to proceed according to law.
7. With the above direction, the petition stands disposed of.
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