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2021 Supreme(P&H) 702

ALKA SARIN
Shoukathussian – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Ms. Jyotika Panesar, Advocate, Mr. Karan Singh Rana, Advocate, for the Appellant.

JUDGMENT

Alka Sarin, J. (Oral). - Heard through video conferencing.

2. This is a Criminal Writ Petition under Article 226/227 of the Constitution of India for issuing a writ in the nature of mandamus directing respondent Nos.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondent Nos.4 to 14.

3. In the present case, both the petitioners are Muslims. They fell in love about 2 years ago and decided to perform marriage. The date of birth of petitioner No.1 is 01.04.1984 and that of petitioner No.2 is 10.01.2004 as per their Aadhar Cards, which have been annexed with the petition as Annexures P-l and P-2, respectively. Both the petitioners have solemnized their marriage on 21.01.2021 as per Muslim rites and ceremonies.

4. Learned counsel for the petitioners would contend that this is the first marriage of both the petitioners. He has relied upon the decisions by this Court in Kammu vs. State of Haryana & Ors: [2010(4) RCR (Civil) 716]; Yunus Khan vs. State of Haryana & Ors: [2014(3) RCR (Criminal) 518] and Mohd. Samhn vs. State of Haryana & Ors: [2019(1) RCR (Criminal) 685] to contend that in Muslim law puberty and majority are one and the same and tha

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