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2024 Supreme(P&H) 121

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALOK JAIN, J.
Meenu And Another – Appellants
Versus
State Of Punjab And Others - Respondents
CRWP-1026-2024
Decided on : 05-02-2024

Advocates:
Advocate Appeared:
For the Appellant :Mr. Gobind Singh Randhawa, Advocate

The court's orders in the nature of mandamus were issued to protect the life and liberty of the petitioners, and the court emphasized that its orders should not be used to substantiate the relationship of the parties in any government record.

Headnote:

Mandamus - Protection of Life and Liberty - The court directed the respondents to protect the life and liberty of the petitioners who got married, and emphasized that the court's orders should not be used to substantiate the relationship of the parties in any government record.

Fact of the Case:

The petition was filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to protect the life and liberty of the petitioners who got married.

Finding of the Court:

The court directed respondent No.3 to counsel petitioner No.1 and respondent No.2 to take appropriate action in accordance with law. The court emphasized that its orders should not be used to substantiate the relationship of the parties in any government record.

Issues: Protection of life and liberty of the petitioners, validity of the marriage, and the use of court orders in government records.

Ratio Decidendi: The court's primary concern was the protection of the petitioners' life and liberty, and it emphasized that its orders should not be used to substantiate the relationship of the parties in any government record.

Final Decision: The petition was disposed of with directions to the respondents to protect the life and liberty of the petitioners, and the court's orders were not to be used to substantiate the relationship of the parties in any government record.

JUDGMENT :

ALOK JAIN J.

1. The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents No.2 and 3 to protect the life and liberty of the petitioners, who got married on 31.01.2024, at the hands of private respondents.

2. Notice of motion.

3. Mr. Siddharth Attri, AAG, Punjab, accepts notice on behalf of the official respondents. Mr. Anosh Samson, Advocate has appeared and accepts notice on behalf of respondent Nos. 4 to 7.

4. However, respondent No.3 is directed to get the petitioner No.1 counselled by a professional and apprise her about the realities of life, as the age difference between petitioner No.1 and petitioner No.2 is almost 18 years.

5. The petition is disposed of with a direction to respondent No.2 to take into consideration the request of the petitioners made vide representation dated 31.01.2024 (Annexure P-5) and take appropriate action, in accordance with law.

6. It is made clear that the filing or order passed in this petition shall not be permitted to be used in any Government record to substantiate any stamp by the Court on the relationship of the parties.

7. This petition is being considered only for the purpose of protection of life and liberty of the petitioners and the filing, pendency or the orders passed by this Court in this petition shall neither be construed as any stamp of the Court qua the relationship/marriage of the petitioners nor shall be relied upon by any authority in any proceedings initiated against them under any other provision of law.

8. This order shall not operate as an alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed.

9. It is made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 31.01.2024 (Annexure P-5) is found to be incorrect, the State authorities are directed to take appropriate action, in accordance with law.

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