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

2023 Supreme(P&H) 57

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Roshni & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 627 of 2023 (O&M)
Decided On : 23-01-2023

Advocates Appeared:
Dixit Garg, Advocate

The court has the authority to direct law enforcement to protect individuals if there is a genuine threat to their lives and liberty, regardless of the validity of their marriage.

Headnote:

Threat to Lives and Liberty - Marriage against Family Wishes - Court directs police to protect petitioners if genuine threat is found

Fact of the Case:

Petitioners seek protection due to threat from private respondents after marrying against family wishes. Court directs police to look into the matter and take necessary steps if genuine threat is found.

Finding of the Court:

The court disposed of the petition with a direction to the Senior Superintendent of Police to investigate and take necessary steps if genuine threat is found. The court clarified that the order does not express any opinion on the validity of the marriage or confer any immunity on the petitioners.

Issues: Threat to lives and liberty of petitioners, validity of marriage, protection from private respondents

Ratio Decidendi: The court's decision is based on the need to protect the lives and liberty of the petitioners if a genuine threat is found, without expressing any opinion on the validity of the marriage.

Final Decision: The court directed the Senior Superintendent of Police to investigate and take necessary steps if a genuine threat to the petitioners' lives and liberty is found.

JUDGMENT

Gurvinder Singh Gill, J. - Petitioner No.1-Roshni aged 19 years and petitioner No.2-Yashpal aged 21 years have approached this Court seeking issuance of a direction to 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, Mohali, District Administrative Complex, Mohali, to look into the matter and to dispose off the representation dated 13.1.2023 (Annexure P-4) 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 13.1.2023 (Annexure P-4) be sent to respondent No.2-Senior Superintendent of Police, Mohali, District Administrative Complex, Mohali, 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.

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