Petitioners filed a criminal miscellaneous petition seeking protection following their inter-caste marriage, fearing threats from relatives of the male petitioner. The Court disposed of the petition by directing specific respondents to independently consider any grievances regarding the petitioners' safety.
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Crl. Misc. No.M-37517 of 2009
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Crl. Misc. No.M-37517 of 2010 Date of decision: 21.12.2010
Smt. Manju and another
.. Petitioners
Versus
State of Haryana and others.
.. Respondents
Present:- Mr.Pankaj Bali, Advocate, for the petitioners.
S.S. SARON, J.
The petitioners on their own, on 12.11.2010 have solemnized their marriage amongst themselves according to Hindu rites and ceremonies. The marriage was solemnized by Sapatpadi in the presence of witnesses at Hanuman Mandir, village Gonder, District Karnal. The photographs (Annexure P-3) taken at the time of marriage have been placed on record. Being an inter-caste marriage, the same is not to the liking of the parents and other relatives i.e. respondents No.5 to 14 of petitioner No.1. Therefore, the petitioners apprehend danger to their life and liberty from respondents No.5 to 16. The petitioner No.1 had also submitted an application dated 01.12.2010 (Annexure P-4) to the Superintendent of Police Karnal (respondent No.2) seeking protection of the life and liberty of the petitioners from the relatives of petitioner No.1. However, despite the said application, the threat to them continues.
It is submitted that both the petitioners are major. The date of birth of petitioner No.1 as per her Secondary School Examination Certificate (Annexure P-1) issued by Board of School Education Haryana is 14.11.1991 and that of petitioner No.2 as per his birth certificate (Annexure
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Crl. Misc. No.M-37517 of 2009
P-2) issued under Rule 17 of the Birth and Death Registration Rules, 1969 is 09.01.1988. The averments made in the petition are supported by affidavit of petitioner No.1.
Both the petitioners are present in Court and are identified by their counsel. It is stated by the petitioners that they have solemnized their marriage with each other of their own free will and desire and without any kind of pressure or undue influence. It is also stated by the petitioners that they were not earlier married. Besides, they are happy with their marriage.
Keeping in view the facts and circumstances of the case, the criminal miscellaneous petition is disposed of with a direction to respondents No.2 to 4 that in case the petitioners approach any of them setting out their grievances as have been made in the present petition, the same would be looked into and considered by them independently and in accordance with law.
December 21, 2010 sukhpreet
(S.S. SARON) JUDGE
2 issues framed by the court
Whether the petitioners require protection from their relatives following an inter-caste marriage.
Whether the police authorities should independently consider the petitioners' grievances regarding threats to life and liberty.
1 provisions across 1 enactments
Smt. Manju and another
State of Haryana and others
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
