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2019 Supreme(P&H) 1957
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Arun Monga, J.
Savita - Appellants
Versus
State Of Haryana And Others - Respondent
CWP No. 17215 OF 2019
Decided On : 26-06-2019
Mr. Karan Singh, Advocate, for the Appellant.; Mr. Luvinder Sofat, AAG, Punjab for the Respondent
The fundamental right to life and liberty under Article 21 of the Constitution of India must be protected by the State, irrespective of the validity of the marriage under the Hindu Marriage Act.
Headnote:
Fundamental Rights - Enforcement of fundamental rights under Article 21 of the Constitution of India - Hindu Marriage Act, 1955, Section 5(iii)
Fact of the Case:
The petitioners, a girl aged 18 years 02 months and a boy aged 20 years and 06 months, claimed to have married each other. They sought protection of their life and liberty due to threats from private respondents who opposed their marriage.
Finding of the Court:
The court held that the petitioners' apprehension of threat to their life and liberty needed to be addressed, irrespective of the validity of their marriage. It emphasized the duty of the State to protect the fundamental rights of every citizen.
Issues: Enforcement of fundamental rights under Article 21 of the Constitution of India, threat to life and liberty, validity of marriage under Hindu Marriage Act
Ratio Decidendi: The court emphasized the protection of fundamental rights under Article 21 of the Constitution of India, regardless of the validity of the marriage under the Hindu Marriage Act. It highlighted the duty of the State to safeguard the life and liberty of every citizen.
Final Decision: The Superintendent of Police, Karnal, was directed to verify the threat perception of the petitioners and provide necessary protection for their life and liberty, without making any judgment on the validity of the marriage.
JUDGMENT
Arun Monga, J.(Oral) - 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 18 years 02 months and a boy aged 20 years and 06 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. Luvinder Sofat, Assistant Advocate General, Punjab accepts notice on behalf of respondents No.l 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 envisaged under Constitution of India, would necessarily entail grant of appropriate protection to the petitioners herein qua their life and liberty as apprehended by them for the reasons stated hereinafter.
6. Facts, as pleaded in the petition, succinctly are that the petitioner No.l, a girl born on 17.04.2001 and petitioner No.2, a boy born on 01.01.1999, though a major, but not of marriageable age, purportedly are in love with each other.
7. The petitioners got married on 24.06.2019 at Panchkula according to Hindu Rites and Ceremonies. Translated copy of Marriage Certificate and Photographs of their marriage have been appended with the petition.
8. Petitioners state that immediately after their marriage they informed the private respondents who have throughout been against the relationship between them. On being informed of their marriage, private respondents have issued threat to both the petitioners that they will kill them. Private respondents are adamant not to accept their marriage and hell bent in ruining the life of the petitioners one way or the other.
9. In the circumstances, the petitioners approached respondent No.2 (Superintendent of Police, Karnal) and submitted a representation (Annexure P-5) seeking to safeguard their life and liberty, but no action is being taken on the same.
10. The petitioners state that they are living in constant danger as they have every apprehension that private respondents will catch them and carry out their threats and may go to the extent of even committing their murder. The petitioners are, therefore, running here and there and unable to find any safe place to live in the absence of protection of their life and liberty. Hence the present writ petition seeking appropriate directions to the official respondents to provide protection qua their life and liberty.
11. As already noted, without expressing any opinion on the merits of the validity of the marriage at this stage, I am of the view that what needs to be addressed is the apprehension of the petitioners based on threat to their life and liberty for the reasons/circumstances as narrated in the petition.
12. Controversy that needs adjudication now is whether an appropriate writ/direction or order is warranted to allay the apprehensions of the petitioners for granting protection to them for enforcement of their fundamental rights under Article 21 of the Constitution of India.
13. I am conscious of the fact that the boy is not of marriageable age, even though he is a major. Their marriage, therefore, even if assumed to have taken place according to Hindu Rites is in violation of Section 5 (iii) of the Hindu Marriage Act. Section 5, ibid envisages statutory pre-requisites for the consenting parties to solemnize marriage between them.
