High Court granted protection order preventing harassment against petitioners in an inter-faith marriage case, directing SSP to investigate allegations without validating marriage legality.
Directing SSP Hoshiarpur to investigate allegations and provide protection against life threats and harassment threats.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1)
Crl. Misc. No. M-1626 of 2011 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-1626 of 2011 (O&M)
DATE OF DECISION: 19.01.2011
Amandeep Kaur and another
..........Petitioners
Versus
State of Punjab and others
..........Respondents
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:Mr. R.K. Dadwal, Advocate for the petitioners.
DAYA CHAUDHARY, J.
Crl. Misc. No. 2999 of 2011
Application is allowed as prayed for.
Crl. Misc. No. M-1626 of 2011
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 lives and liberty of the petitioners who apprehend threats to their lives at the hands of private respondents and for further direction not to harass and interfere in their peaceful married life and not to intrude into their privacy.
The petitioners, who are present in Court, 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 lives and liberty.
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 the Hon'ble Supreme Court in Fiaz Ahmed Ahanger
(2)
Crl. Misc. No. M-1626 of 2011 (O&M)
and others Vs. State of J&K 2009 (3) R.A.J. 692, which are as under:-
“In such cases of inter-caste or inter religion marriage the Court has only to be satisfied about two things:-
In view of this, the petition is disposed of with a direction to respondent No. 2 i.e. SSP, Hoshiarpur to look into the allegations as contained in the petition personally and take necessary steps in accordance with law if the situation so warrants.
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.
Copy of the petition along with a copy of this order be sent to respondent No.2.
January 19, 2011 (DAYA CHAUDHARY) pooja JUDGE
Crl. Misc. No. M-1626 of 2011 (O&M) (3)
Note:-Whether this case is to be referred to the Reporter .......Yes/No
1 issue framed by the court
Whether to issue directions to protection security for petitioners apprehending life threats due to inter-caste/religion marriage
Colour shows how this judgement treated each authority
Fiaz Ahmed Ahanger and others Vs. State of J&KReferred¶20
Fiaz Ahmed Ahanger and others Vs. State of J&K 2009 (3) R.A.J. 692
Amandeep Kaur
another
State of Punjab
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
