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2018 Supreme(P&H) 728
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHABIR SINGH SINDHU, J.
Nick Uppal and another - Petitioners
Versus
State of Haryana and others - Respondents
CRM-M-9867-2018
Decided On : 08-03-2018
For the Petitioner:Mr. Rajesh Nain, Advocate
The court has the authority to direct protection for individuals apprehending threat to their life and liberty, irrespective of the legality and validity of their marriage.
Headnote:
Protection - Marriage - The court directed respondent No.2 to take care of 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.
Fact of the Case:
The petitioners sought protection due to their marriage against the wishes of respondents No.4 and 5. The court acknowledged the marriage and the apprehended threat to the petitioners' life and liberty.
Finding of the Court:
The court directed respondent No.2 to ensure the petitioners' safety, without expressing an opinion on the legality and validity of the marriage. The court also clarified that the order would not hinder any pending criminal case against petitioner No.2.
Issues: Protection of life and liberty, legality and validity of the marriage, pending criminal case against petitioner No.2.
Ratio Decidendi: The court's decision was based on the acknowledgment of the marriage and the apprehended threat to the petitioners' life and liberty, leading to the direction for respondent No.2 to ensure their safety.
Final Decision: The court disposed of the petition with a direction to respondent No.2 to take care of 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 and would not hinder 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 respondents No.4 and 5.
2. Notice of motion.
3. On the asking of the Court, Mr. Vikas Chopra, DAG, Haryana, accepts notice on behalf of respondents No.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 and Marriage Certificate shows that both are major and are present in Court also duly identified by their counsel. They apprehend threat to their life and liberty at the hands of respondents No.4 and 5.
5. Present petition is disposed of with a direction to respondent No.2 to take care of life and liberty of the petitioners, as per law.
6. 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.
7. In case any criminal case is pending against petitioner No.2, this order shall not be any hindrance to proceed according to law.
