Disposed

Jamyanta and Anr. v. State of Haryana and Ors.

Punjab & Haryana HC25 Mar 2010CRM-M/8896/2010

Case brief

AI extract

What is this about?

This single-judge oral order disposed of a petition under Section 482 Cr.P.C. filed by major parties married against parental wishes. Relying on Fiaz Ahmed Ahanger, the Court directed the Senior Superintendent of Police to investigate threats to life and liberty and ensure no harassment or arrest of the petitioners.

What did the court decide?

Direction to Respondent No. 3 (SSP Hissar) to investigate allegations and ensure no harassment, threat, violence or arrest of petitioners and family members.

Jamyanta and Anr. Vs State of… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-8896 of 2010(O&M)

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Date of decision: March 25, 2010

Jamyanta and another

Petitioners

Versus

State of Haryana and others

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Respondents

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CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY

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Present: Mr. Dharampal Gill, Advocate for the petitioners

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DAYA CHAUDHARY, J. (ORAL)

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The present petition has been filed under Section 482 Cr.P.C. for issuance of directions to the official respondents to provide adequate security to protect life and liberty to the petitioners who apprehend threats to their life at the hands of private respondents and for further direction not to interfere in their peaceful married life and not to intrude into their privacy.

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The petitioners claim to be major on the basis of documents annexed with the petition and they got married contrary to the wishes of their parents and are apprehending threats to their life and liberty.

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Even though this Court is disinclined to entertain and to go into such allegations, but at the same time it cannot be oblivious to the fact that because of social friction and sectarian differences such incidents are not entirely unheard of and prima facie the case also appears to be covered by the observations of Hon'ble the Supreme Court in Fiaz Ahmed Ahanger and others vs. State of J& K, 2009(3) R.A.J. 692, which are as under:

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“In such cases of inter-caste or inter religion marriage the Court has only to be satisfied about two things:

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(1) That the girl is above 18 yeas of age, in which case,

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Crl. Misc. No. M-8896 of 2010(O&M)

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the law regards her as a major vide Section 3 of the Indian Majority Act, 1875. A major is deemed by the law to know what is in his or her welfare.

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(2) The wish of the girl.

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In the circumstances, we direct that nobody will harass, threaten or commit any acts of violence or other unlawful act on the petitioner, Chanchali Devi/Mehvesh Anjum and the petitioner' family members and they shall not be arrested till further orders in connection with the case in question. If they feel insecure, they can apply to the police and, in such event, the police shall grant protection to them.”

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In view of this, the petition is dispose of with a direction to Respondent No. 3 i.e. Senior Superintendent of Police, Hissar to look into the allegations as contained in the petition personally and take necessary steps in accordance with law if the situation so warrants.

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This order shall not be construed to be conferring the legitimacy or authenticity to the factum of marriage having been performed as the Court is clearly deprived of any means to determine the aforesaid facts.

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Copy of the petition along with a copy of this order be sent to respondent No. 3.

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(DAYA CHAUDHARY) JUDGE

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25.03.2010 reena

Jamyanta and Anr. v. State of Haryana and Ors.

Case brief

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Jamyanta and Anr. v. State of Haryana and Ors.

Case brief

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