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Tosha Rani & Anr. v. State of Punjab & Ors.

Punjab & Haryana HC13 Mar 2013CRM-M/26216/2012

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What is this about?

Held that constitutional right to life and liberty prevails over allegations of prohibited relationship between petitioners. Ordered protection against forced custody without prejudicing private respondents' right to seek declaration of marriage nullity.

What did the court decide?

Ordered both petitioners not to be forcibly taken in custody by any respondent on grounds of abduction or kidnapping.

Tosha Rani & Anr. Vs State of Punjab & Ors. — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No. M-26216 of 2012

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Date of decision: 13.03.2013

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Tosha Rani & Anr.

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..Petitioners

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Vs.

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State of Punjab & Ors.

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..Respondents

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CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI

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Present: None for the petitioner.

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Mr. G.S. Sidhu, AAG, Punjab.

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Mr. J.K. Singla, Advocate for respondent Nos. 4 to 6.

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M.M.S. BEDI, J.(ORAL)

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The petitioners claim that having attained the age of majority they have got married against the wishes of their family members. Apprehending threat to their life and liberty, they sought protection through instant petition. The petition is opposed inter alia on the ground that petitioner No. 1 is niece of petitioner No. 2 in relationship and they being in prohibited degree of Spinda relationship, cannot marry each other.

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After hearing counsel for the respondents No. 4 to 6, it appears that the relationship of the petitioners is not void but is voidable. In view of the pleas raised by the private-respondents, the private-respondents will have opportunity to get the relationship of petitioners declared nullity by taking appropriate remedy in accordance with procedure of law, but so far as the protection of life and liberty of the petitioners is concerned, it is a constitutional right of the petitioners to be protected irrespective of their relationship.

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-2-

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Without expression of any opinion regarding the relationship of the petitioners, both the petitioners deserve to be granted protection of their life and liberty. It is ordered that both the petitioners will not be forcibly taken in custody by any of the respondents on the ground of abducting or kidnapping of petitioner No. 1 by petitioner No. 2.

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Anything observed in this order will not prejudice the right of private-respondents to seek any declaration regarding the marriage of the petitioners being nonest.

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Disposed of.

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(M.M.S. BEDI) JUDGE

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13.03.2013 Poonam (II)

Tosha Rani & Anr. v. State of Punjab & Ors.

Case brief

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Tosha Rani & Anr. v. State of Punjab & Ors.

Case brief

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