SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(P&H) 980

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasgurpreet Singh Puri, J.
Farzana Begam @ Aman & Anr. - Appellants
Versus
State Of Punjab & Ors. - Respondents
CRWP-4217-2021
Decided On : 17-05-2021

Advocates Appeared:
Ms. Bhavna Grewal, Advocate, for the Appellant.

Headnote:

Marriage - Protection of Life and Liberty - The court directed the protection of life and liberty of the petitioners, emphasizing that the validity of the marriage cannot be a ground for denial of such protection.

Fact of the Case:

The petitioners, who had married each other out of their free consent, sought protection of life and liberty from private respondents who opposed the marriage.

Finding of the Court:

The court directed the respondent to ensure the protection of life and liberty of the petitioners, clarifying that the validity of the marriage cannot be a ground for denial of such protection.

Issues: Protection of life and liberty of the petitioners in the face of opposition to their marriage by private respondents.

Ratio Decidendi: The validity of the marriage cannot be a ground for denial of protection of life and liberty.

Final Decision: The court disposed of the petition by directing the respondent to ensure the protection of life and liberty of the petitioners, emphasizing that the directions are issued solely for the purpose of protection and do not reflect on the validity of the marriage.

JUDGMENT

Jasgurpreet Singh Puri, J. (Oral) -The present petition has been filed under Article 226 of the Constitution of India seeking direction for protection of life and liberty of the petitioners at the hands of private respondents.

2. Learned counsel for the petitioners has submitted that the petitioner no.l is 21 years of age and petitioner no. 2 is 22 years of age and both of them are of marriageable age. She further submitted that they have got married to each other out of their free consent and although the petitioner no.l was earlier Muslim by religion, she got converted into Hindu religion and, therefore, got married to petitioner no. 2. She further submitted that the prayer of the petitioners is confined only for the grant of protection of life and liberty and the validity of the marriage was not the subject matter in the present case. She further submitted that the private respondents were opposed to the marriage and, therefore, there is an acute threat at the hands of private respondents and has prayed for protection of life and liberty. She has also relied upon a judgment of Division Bench of this Court in LPA-1678-2014, titled as 'Rajwinder Kaur and another Vs. State of Punjab and others, to contend that even if the marriage between the petitioners inter-se is not valid, the right of protection of life and liberty is guaranteed under Article 21 of the Constitution of India and, therefore, has prayed for the issuance of such directions.

3. Notice of motion to respondent Nos. l to 3.

4. Mr. Sidakmeet Sandhu, AAG, Punjab accepts notice on behalf of all the respondents and states that he has no objection in case the representation (Annexure P-4) given by the petitioners to Commissioner of Police, Jalandhar is considered in accordance with law.

5. I have heard the learned counsel for the parties.

6. The scope of the present petition is only regarding the protection of life and liberty of the petitioners and, therefore, the validity of the marriage cannot be a ground for denial of such protection.

7. Consequently, it is directed that the respondent No. 3 shall look into the representation (Annexure P-4) and if so required shall ensure the protection of life and liberty of the petitioners pertaining to their lives. It is made clear that the present directions are being issued only for the purpose of protection of life and liberty of the petitioners and does not reflect anything whatsoever on the validity of the marriage.

8. In view of the above, the present petition is disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top