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