Writ petition seeking protection from arrest and harassment for two major parties who married against parental consent. Court directed police to consider protection applications without treating order as marriage seal.
Petition disposed directing police to consider protection applications if moved by petitioners.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-31080 of 2010 (O&M)
Kuljeet Kaur and another
...... Petitioners.
Versus
State of Punjab and others.
.... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr.Mandeep Sodhi, Advocate, for the petitioners.
RAJESH BINDAL J.
Prayer made in the present petition is for protection of life and liberty of the petitioners, who had married against the consent of their parents. Both the petitioners are present in Court. They have appended a copy of Marriage Certificate (Annexure P-3) issued by Guru Nanak Gurudwara (Regd.), Phase-VI, Mohali. As per certificate (Annexure P-1) issued by the Punjab School Education Board, the date of birth of petitioner No.1 is 17.09.1990 and she was more than 18 years of age on the date of the marriage which according to the petitioners was solemnized on 15.10.2010. They are apprehending their arrest and also harassment by the police and family members of petitioner No.1 as they were not agreeable to the marriage.
Learned counsel for the petitioners contends that both the petitioners are major and have married against the wishes of their parents and as such they are fearing threat to their lief and liberty.
Accordingly, the instant petition is disposed of with the direction to Senior Superintendent of Police, Gurdaspur, that in case the petitioners move an application before the aforesaid authority to provide protection to their life and liberty, the same shall be considered and if required, necessary protection be provided to the petitioners. This order may not be treated as a seal of the Court on the marriage of the parties.
(RAJESH BINDAL) JUDGE
19.10.2010 sukhpreet
2 issues framed by the court
Whether to provide protection to petitioners who married against parental consent fearing arrest and harassment.
Whether to quash the marriage certificate or seal the court order.
Kuljeet Kaur and another
State of Punjab and others
RAJESH BINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
