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HIGH COURT OF PUNJAB AND HARYANA
2021 Date
HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.11533



Adults have the right to choose their life partners and cannot be prevented from marrying the person of their choice by their parents.

Headnote:

PROTECTION OF LIFE AND LIBERTY - MARRIAGE OF CHOICE - RIGHT TO CHOOSE LIFE PARTNER - FREEDOM OF CHOICE

Fact of the Case:

The petitioner, a 20-year-old nursing student, sought protection from the court against her parents who were opposed to her marrying the man of her choice. The petitioner had run away from her parental home and was residing in Chandigarh.

Finding of the Court:

The court noted that the petitioner was an adult and had the right to choose her life partner. The court also noted that the petitioner's parents had threatened her with dire consequences if she married the man of her choice.

Issues: 1. Whether the petitioner had the right to choose her life partner?2. Whether the petitioner's parents had the right to prevent her from marrying the man of her choice?

Ratio Decidendi: The court held that the petitioner had the right to choose her life partner and that her parents could not prevent her from marrying the man of her choice. The court also held that the petitioner's parents had threatened her with dire consequences if she married the man of her choice, and that this constituted a threat to her life and liberty.

Final Decision: The court granted the petitioner protection from her parents and ordered that she be allowed to marry the man of her choice.

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRWP No.11533 of 2021

Date of Decision:10.01.2022

(Heard through VC)

Sandeep Kaur

...Petitioner

Vs

State of Punjab and others

...Respondents

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Lalit Kumar Sharma, Advocate

for the petitioner.

Mr. Balbir Singh Sewak, Addl. AG, Punjab.

Mr. Amit Kumar Goyal, APP, U.T. Chandigarh.

Mr. Rakshak Gupta, Advocate

for respondent No.6.

*****

JAISHREE THAKUR J. (ORAL)

1.

This petition has been filed by Ms. Sandeep Kaur seeking

protection of life and liberty from the private respondents No.4 to 7.

2.

Counsel for the petitioner would contend that the petitioner is aged

20 years and is pursuing Nursing course from Sri Guru Ram Das Nursing

College, Hoshiarpur. It is contended that the petitioner in fact would like to

solemnize marriage with one Manpreet Singh, who is currently residing in

England but on account of COVID pandemic, they were unable to solemnize

their marriage. Her parents became aware about her desire to marry Manpreet

Singh and they were opposed to the said alliance. Thereafter they threatened her

with dire consequences, in case she married Manpreet Singh. It is submitted that

the petitioner ran away from her parental house as she feared for her life and

liberty and did not want to be pressurized for marrying a boy of her parent’s

choice.

3.

During the pendency of these proceedings, protection was allowed

POONAM BHATT

2022.01.12 16:18

I attest to the accuracy of

this order

CRWP No.11533 of 2021

-2-

to the petitioner as she was currently residing in Chandigarh at that given time.

Thereafter, the petitioner made a statement that she wanted to go back to

Hoshiarpur and recommence her studies and sought protection from the State of

Punjab. She also made a prayer for recovery of her documents related to her

educational qualifications i.e Aadhar Card, Passport etc. which were lying at her

parental home.

4.

Today when the matter is taken up for hearing, counsel for the

petitioner would contend that all documents have been handed over to the

petitioner and therefore, she prays that protection may be accorded to her at

Mohali itself. It is submitted that the petitioner is now residing at House No.1,

Sector 71, Mohali and is going to pursue further education there.

5.

Counsel for the respondent-State, on instructions from ASI Mohan

Chand, submits that all necessary documents have been handed over to the

petitioner as sought by her. It is also submitted that statement of the petitioner

has been recorded, wherein she has now stated that now she has no threat

perceptions at the hands of her parents.

6.

At this stage, appearance has been caused on behalf of respondent

No.6 who would submit that he has been falsely implicated in the said petition.

There is no allegation qua him pertaining to subjecting any physical abuse to the

petitioner. All allegations are against the parents of the petitioner who have

been arrayed as respondent Nos.4 and 5.

Keeping in view the statements made by the counsel for the

respective parties, this petition stands disposed of, confirming the order of

protection passed on 23.12.2021.

(JAISHREE THAKUR)

JUDGE

January 10, 2022

P.Bhatt

Whether speaking/reasoned

Yes/No

Whether reportable

Yes/No

POONAM BHATT

2022.01.12 16:18

I attest to the accuracy of

this order

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