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2019 Supreme(P&H) 1121

ARUN MONGA
Rajveer Kaur – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
S.S. Kainth, Adv., Pankaj Gupta, Adv.

JUDGMENT :

Arun Monga, J.

1. Conflict raised herein is the enforcement of fundamental rights of the petitioners to seek protection of their "life and liberty" as enshrined under Article 21 of the Constitution of India viz-a-viz a conceded violation of Section 5 (iii) of the Hindu Marriage Act, 1955, inasmuch a girl aged 17 years 6 months and boy aged 20 years and 3 months claim to have married each other having purportedly being in love with each other.

2. Notice of motion at this stage only to the official respondents is being issued. On the asking of the Court, Mr. Pankaj Gupta, Additional A.G., Punjab accepts notice on behalf of respondents No.1 to 3.

3. Advance copy of the paper book has already been supplied to learned State counsel by the learned counsel for the petitioners.

4. Given the nature of the order being passed, there is no necessity to seek any return by the official respondents or even to serve the private respondents No.4 to 6.

5. Having heard learned counsel for the petitioners, as also the learned State counsel and without going into the merits of the validity of the marriage, I am of the view that every citizen being entitled to enforcement of fundamental rights as e

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