Petitioners sought protection order under CPC Section 84. Court observed they were majors, married by free will, and willing to reside in village. Protection from home removed; police to provide aid as required.
Relieved from protection home; directed to reside in village; SHO to provide protection as required.
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CWP No.18757 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
DATE OF DECISION: 15.11.2010
Afsana and another ...Petitioners
VERSUS
State of Haryana and others
…Respondents
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
PRESENT: Mr.Jatinder Kumar, Advocate for the petitioner
Mr.RD Sharma, DAG, Haryana
Mr.HS Bhatt, Advocate for respondent no.5
Permod Kohli, J. (Oral)
Pursuant to the order dated 25.10.2010, petitioner no.1 has been medically examined by Board of doctors. Both on the basis of radiological and clinical examination, she is said to be between 17 to 18 years of age. Admittedly, this assessment is subject to variation of 1-2 years on either side. Prima facie, she seems to be major as all her vital organs are fully developed and ossification test report is also a pointer towards her majority. Learned counsel for private respondents was asked to cause the appearance of respondents no.5 to 7 for amicable settlement. It is stated by him that though father of the girl i.e. respondent no.5 was present in Court, but he has left and is not responding to the phone call. Both the petitioners
CWP No.18757 of 2010 2
are major. They contracted marriage with their free will and consent, as is evident from the Nikahnama dated 16.9.2010 (Annexure P-1). Petitioner no.1 has made a statement before this Court that she has married to petitioner no.2 with her free will and consent. So is the position of petitioner no.2. Under the orders of this Court, they were put in the protection home and were provided protection till date. Today even they are accompanied by police official.
Both the petitioners have made a statement that they do not want to continue the protection and are willing to stay in the village Meoli, P.S. Nuh, District Mewat (Haryana). The private respondents are from Rajasthan. Apparently, the petitioners do not feel immediate threat from the private respondents. In any case, they are willing to stay in the village. They are relieved from the Protection Home and are left free to live in the village. However, SHO, Police Station Nuh shall provide appropriate protection as and when required by the petitioner in the village.
With the aforesaid directions this petition is disposed of.
(PERMOD KOHLI) JUDGE
15.11. 2010 MFK
CWP No.10585 of 2010 3
Afsana and another
State of Haryana and others
Permod Kohli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
