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CRWP-7895 of 2022 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRWP-7895 of 2022 (O&M)

Date of Decision: 22.08.2022

Karuna and another

.... Petitioners

Versus

State of Punjab and others

.... Respondents

CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

Present: -

Mr. S.K. Choudhary, Advocate, for the petitioners.

Mr. G.S. Sandhu, Deputy Advocate General, Punjab.

ASHOK KUMAR VERMA, J. (ORAL)

CRM-W-1063 of 2022

This is an application filed for grant of leave under Rule 3-A

(i), Part-II of Chapter VI, Part B, Volume V of Punjab and Haryana High

Court Rules and Orders to file the present petition.

In view of averments made in the application, the same is

allowed and leave is granted under the aforesaid Rules and Orders to file

the present petition.

CRWP-7895 of 2022

Through this petition under Article 226 of the Constitution

of India, prayer has been made for issuance of a direction to respondents

No.1 to 3 to protect the life and liberty of the petitioners from the hands

of respondents No.4 to 8, as petitioner No.1-Karuna, who is aged 17

years 9 months and petitioner No.2-Rohit Kumar, who is aged 20 years 9

RAVINDER SINGH

2022.08.23 14:45

I attest to the accuracy and

authenticity of this

order/judgment

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CRWP-7895 of 2022 (O&M)

months, have solemnized marriage against the wishes of private

respondents.

Notice of motion to official respondents No.1 to 3 only at

this stage.

On the asking of the Court, Mr. G.S. Sandhu, Deputy

Advocate General, Punjab, accepts notice on behalf of respondents No.1

to 3.

Having heard learned counsel for the petitioners, as also the

learned State counsel and without going into the merits of the validity of

the marriage, I am of the view that every citizen being entitled to

enforcement of fundamental rights as envisaged under Constitution of

India, would necessarily entail grant of appropriate protection to the

petitioners herein qua their life and liberty as apprehended by them for

the reasons stated hereinafter.

Perusal of paperbook shows that petitioner No.1, a minor girl

born on 15.11.2004 and petitioner No.2, a boy born on 20.10.2001 have

solemnized marriage against the wishes of private respondents. It is

averred that marriage being against the wishes of private respondents,

they are extending threats to the petitioners to face dire consequences

and kill petitioner No.2.

In the circumstances, the petitioners approached respondent

No.2-Senior Superintendent of Police, Pathankot, and submitted a

representation dated 15.08.2022 (Annexure P-4) seeking to safeguard

their life and liberty, but no action is being taken on the same.

RAVINDER SINGH

2022.08.23 14:45

I attest to the accuracy and

authenticity of this

order/judgment

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CRWP-7895 of 2022 (O&M)

The petitioners state that they are living in constant danger as

they have every apprehension that private respondents will catch them

and carry out their threats and may go to the extent of even committing

their murder. The petitioners are, therefore, running here and there and

unable to find any safe place to live in the absence of protection of their

life and liberty. Hence the present writ petition seeking appropriate

directions to the official respondents to provide protection qua their life

and liberty.

Both the petitioners are allegedly a run-away couple. They

claim to have married each other, despite not being of marriageable age.

Be that as it may, this Court is not concerned with the

legitimacy or otherwise qua the marriage of the petitioners as the concern

herein is threat to their life and liberty. Assuming the petitioners were in a

consensual relationship, without having got married, they would still be

entitled to protection of their life and liberty as envisaged under Article

21 of the Constitution of India.

I am conscious of the fact that neither the girl is major nor of

marriageable age, being three months less than 18 years. Petitioners’

marriage, th