2023 Supreme(P&H) 19
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Sumitra Rani & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 307 of 2023
Decided On : 12-01-2023
Kuldip Singh, Advocate, Swati Batra, Advocate
The court's decision focused on addressing genuine threats to lives and liberty without making determinations on the validity of marriage.
Headnote:
Threat to Lives and Liberty - Marriage against Family Wishes - Court directs police to protect petitioners if genuine threat found
Fact of the Case:
The petitioners seek protection due to threat to their lives and liberty after marrying against their families' wishes.
Finding of the Court:
The court directed the Senior Superintendent of Police to look into the matter and take necessary steps if a genuine threat is found, without commenting on the veracity of the petitioners' claims or the validity of their marriage.
Issues: Threat to lives and liberty, validity of marriage, protection from private respondents
Ratio Decidendi: The court's decision was based on the need to address any genuine threat to the petitioners' lives and liberty, without making any determination on the validity of their marriage.
Final Decision: The court disposed of the petition with a direction to the police to investigate and take necessary steps if a genuine threat is found, clarifying that the order does not express any opinion on the validity of the marriage or confer immunity on the petitioners.
JUDGMENT
Gurvinder Singh Gill, J. - The petitioners seek issuance of a direction to the official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents, having married against the wishes of their families.
2. Without commenting as regards the veracity of the averments made in the petition and also as regards the validity of alleged marriage of the petitioners, the petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Fazilka to look into the matter and to dispose off the representation dated 6.1.2023 (Annexure P-6) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.
3. A copy of this order alongwith copy of the representation dated 6.1.2023 (Annexure P-6) be sent to respondent No.2-Senior Superintendent of Police, Fazilka so as to enable him to do the needful expeditiously.
4. It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the validity of marriage of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.