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2019 Supreme(P&H) 1973

ARUN MONGA
Jashanpreet Kaur And Another – Appellant
Versus
State Of Punjab And Others – Respondent


Advocates Appeared:
Mr. Bhupinder Singh, Advocate, for the Appellant.; Mr. Pankaj Gupta, Additional A.G., Punjab, for the Respondent

JUDGMENT

Arun Monga, J. - 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 15 years 8 months and boy aged 19 years and 03 months claim to have married each other having purportedly being in love with each other over a long time.

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 fu

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