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2021 Supreme(P&H) 1006

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Manjari Nehru Kaul, J.
Sima & Anr. - Appellants
Versus
State Of Punjab & Ors. - Respondents
Cr.W.P. No. 5554 of 2021
Decided On : 18-06-2021

Advocates Appeared:
M.S. Atwal, Advocate, Luvinder Sofat, Advocate

The court has the authority to direct law enforcement to take necessary steps to protect the life and liberty of individuals from potential harm or interference.

Headnote:

Marriage - Protection of Life and Liberty - The court directed the Sr. Superintendent of Police to look into the representation seeking protection for the married petitioners and take necessary steps to ensure their life and liberty is not jeopardized by the private respondents.

Fact of the Case:

The petitioners, who got married against the wishes of their family members, sought protection from the court as the private respondents were threatening to interfere in their marital life.

Finding of the Court:

The court disposed of the petition with a direction to the Sr. Superintendent of Police to look into the representation seeking protection and take necessary steps to ensure the petitioners' life and liberty is not jeopardized by the private respondents.

Issues: Protection of life and liberty of the married petitioners against interference by private respondents.

Ratio Decidendi: The court's decision was based on the need to protect the life and liberty of the married petitioners from potential interference by the private respondents.

Final Decision: The court directed the Sr. Superintendent of Police to take necessary steps to ensure the life and liberty of the petitioners is not jeopardized by the private respondents, without validating the marriage or affecting any civil or criminal action.

JUDGMENT

Manjari Nehru Kaul, J. - Prayer in the instant petition filed under Article 226/227 of the Constitution of India is for issuance of directions to respondents No.2 and 3 to protect the life and liberty of the petitioners, who have married against the wishes of private respondents i.e. respondents No.4 to 6.

2. Learned counsel for the petitioners submits that petitioner No.1 - Sima, aged 23 years and petitioner No.2 -Abhinash Kumar, aged 25 years, have got married against the wishes of their family members, arrayed as respondents No.4 to 6. It has further been submitted that the private respondents are threatening to interfere in the marital life of the petitioners. Learned counsel for the petitioners submits that despite representation dated 14.06.2021 (Annexure P-4) seeking protection having been made to respondent No.2, which is supported by the courier receipt dated 14.06.2021, the authorities concerned have not come to their rescue. Hence, they have approached this Court by way of filing the instant petition.

3. Notice of motion.

4. On the asking of Court, Mr. Luvinder Sofat, AAG, Punjab, who is present in Court, accepts notice on behalf of respondents No.1 to 3.

5. In view of the above, the petition is disposed off with a direction to respondent No.2-Sr. Superintendent of Police, Hoshiarpur to look into the representation dated 14.06.2021 (Annexure P-4) at the earliest and take necessary steps, if any required, in accordance with law, to ensure that the life and liberty of the petitioners is not jeopardized at the hands of the private respondents. However, this direction will not validate the marriage said to have taken place between the parties and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

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