In this matrimonial dispute arising from caste-based opposition to an inter-caste marriage, the High Court dismissed a prayer proceeding for security. Without adjudicating the marriage's validity, the Court directed relevant authorities to investigate the petitioners' safety allegations.
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Crl. Misc. No. M-12836 of 2014
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-12836 of 2014 Date of decision: 15.04.2014
Neetu Chauhan and another
...Petitioner(s)
Versus
State of Punjab and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA
Present: Dr. Surya Parkash, Advocate, for the petitioners.
G.S.SANDHAWALIA, J. (Oral)
The present petition has been filed for issuance of direction to respondents no. 2 and 3 to protect the life and liberty of the petitioners from the hands of respondents no. 4 to 12, so that they may live peacefully and enjoy happy married life and further a direction be issued to respondents no. 4 to 12 not to harass and interfere in the married life of the petitioners.
It has been averred that date of birth of petitioners no. 1 and 2 is 28.03.1986 and 10.11.1985 respectively. In proof of the age, copies of the matriculation certificates of both the petitioners are attached as Annexures P-1 and P-2. It has been pleaded that marriage of the petitioners is an inter case as petitioner no. 1 belongs to SC (Chouhan) and petitioner no. 2 belongs to Khatri Caste, due to which the parents of petitioner no. 1 have opposed the marriage. It has been pleaded that they got married on 27.03.2014. Copy of certificate of marriage and photographs of marriage ceremony are attached as Annexures P-3 and P-4. It has been averred that Gupta Shivani 2014.04.15 15:20 I attest to the accuracy and integrity of this document Chandigarh
Crl. Misc. No. M-12836 of 2014
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petitioner no. 2 is working as working agriculturist and petitioner no. 1 is school Teacher and financially capable to lead a happy married life. A representation has also been made to respondent no. 2 on 08.04.2014 (Annexure P-5) for providing protection to the life and liberty of the applicants.
After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage, this Court is of the opinion that the petitioners are entitled to protection of life and liberty in view of the law laid down by the Apex Court in Lata Singh vs. State of U.P., AIR 2006 SC 2522.
Accordingly, the present petition is disposed of with directions to respondents no. 2 and 3 to look into the allegations made in the representation and take necessary steps to ensure that the life and liberty of the petitioners is protected.
15.04.2014 shivani
(G.S. SANDHAWALIA) JUDGE
Gupta Shivani 2014.04.15 15:20 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether petitioners are entitled to protection of life and liberty given the threats against their married life.
Whether the High Court should direct relevant authorities to ensure the safety of the petitioners.
Colour shows how this judgement treated each authority
Lata Singh vs. State of U.P.Referred¶18
_Lata Singh vs. State of U.P., AIR 2006 SC 2522._ · Who else cites this
Neetu Chauhan
State of Punjab
G.S. Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
