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2024 Supreme(P&H) 46

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALOK JAIN, J.
Harman Kaur And Anr. – Appellants
Versus
State Of Punjab And Others - Respondents
CRWP-1022-2024
Decided on : 05-02-2024

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjeev K. Virk, Advocate

The duty of the State to protect its citizens and the limited scope of the court's orders in relation to the petitioners' relationship/marriage.

Headnote:

Article 226 - Protection of Life and Liberty - The court disposed of the petition with a direction to consider the request of the petitioners for protection of life and liberty, and emphasized the duty of the State to protect its citizens.

Fact of the Case:

The petition was filed under Article 226 of the Constitution of India for protection of life and liberty of the petitioners who got married. The court directed respondent No.3 to counsel petitioner No.1 and respondent No.2 to take appropriate action in accordance with law.

Finding of the Court:

The court found that the petition was being considered only for the purpose of protection of life and liberty of the petitioners, and the orders passed by the court shall not be construed as any stamp of the Court qua the relationship/marriage of the petitioners.

Issues: The issues involved protection of life and liberty of the petitioners and the duty of the State to protect its citizens.

Ratio Decidendi: The court emphasized the duty of the State to protect its citizens and directed respondent No.3 to counsel petitioner No.1 and respondent No.2 to take appropriate action in accordance with law.

Final Decision: The petition was disposed of with a direction to respondent No.2 to take into consideration the request of the petitioners and take appropriate action in accordance with law. The court also clarified that the orders passed shall not operate as an alibi or defence to any proceedings against the petitioners.

JUDGMENT :

ALOK JAIN, J.

1. The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ or directing the official respondents 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 to the official respondents.

3. Mr. Siddharth Attri, AAG, Punjab, accepts notice on behalf of the official respondents.

4. Considering the nature of the order being passed, there is no necessity to serve the private respondent(s) or to seek a reply from any one of the respondents.

5. 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 10 years.

6. In light of the above, 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.

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.

10. However, since, this petition is being disposed of in limine, therefore, copy of the complete paper book be sent through registered post to respondents No. 4 and 5 as there is serious doubt with regard to their even being aware about the act and conduct of their children.

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