IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TAMANA AND ANOTHER – Appellant
Versus
STATE OF PUNJAB AND ORS – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
142 CRWP-954-2025(O&M)
Date of Decision: 29.01.2025 TAMANA AND ANOTHER ....Petitioners VERSUS STATE OF PUNJAB AND ORS ....Respondents CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Rajpal Singh Chauhan, Advocate for the petitioners.
Ms. Himani Arora, AAG, Punjab.
MANISHA BATRA, J. (Oral)
1. The present petition has been filed under Article 226 of the Constitution of India seeking issuance of necessary direction to respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of respondent Nos. 4 & 8 and take action on their representation dated 24.01.2025 (Annexure P-3).
2. It is submitted by the learned counsel for the petitioners that the petitioners have been in touch with each other for last one year and since then they are liking to each other and even decided to marry but could not solemnize the marriage as petitioner no.2 is minor and petitioner no.2 is major and understood each others nature and habits. When both disclosed their intention to get married to their respective families, father of petitioner no.1 did not agree but family member of petitioner no.2 are ready to accept her and taking care of petitioner no.1 but private respondents no.4 and 8 are not giving consent for their relationship and threatened to petitioner no.1 if she dared to go against their wishes. Thereafter, petitioner no.1 has left her house and has started living in live-in-relationship with the petitioner No.2. Apprehending danger to their lives and liberty, they sent representation dated 24.01.2025 to the respondent No.2 but the same has not been taken into consideration and hence, the present petition.
3. Notice of motion.
4. Ms. Himani Arora, AAG, Punjab accepts notice on behalf of respondents No.1 to 3, at this stage. The petitioners’ counsel is directed to supply the copy of the petition to her.
5. I have heard learned counsel for the petitioners as well as learned State counsel without going into the question of validity of their relationship and without entering upon an exercise to evaluate the veracity of the averments made in the petition and also with regard to the sanctity of relationship or age of the petitioners, this petition is disposed of with a direction to the respondent No.2- Senior Superintendent of Police, District Kapurthala, Punjab to look into the matter and dispose of the representation dated 24.01.2025 (Annexure P-3) in accordance with law and also to take necessary step, if any, genuine threat to life and liberty of the petitioners is found.
6. A copy of this order along with copy of representation dated 24.01.2025 (Annexure P-3) be sent to respondent No.2, so as to enable him to do the needful expeditiously.
7. It is made clear that this order shall not be taken to protect the petitioners from legal action for violation of law, if any, committed by them.
( MANISHA BATRA )
29.01.2025 JUDGE
Deepak Patwal
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