Disposed

Jaspreet Kaur and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC4 Jun 2014CRM-M/19861/2014

Case brief

AI extract

What is this about?

Petitioners self-married against parents' wishes due to caste objections, citing threats to their life and liberty, and sought protection through a criminal miscellaneous petition.

What did the court decide?

Direction to respondents to independently and in accordance with law look into grievances if petitioners approach them seeking protection regarding threats to life and liberty.

Jaspreet Kaur and Anr. Vs State of Punjab… — Matrimonial and Divorce | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-19861 of 2014 Date of decision: 04.06.2014

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Jaspreet Kaur and another

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..... Petitioners

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Versus

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State of Punjab and others

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..... Respondents

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Present: Mr. P. S. Punia, Advocate for the petitioners. S.S. SARON, J.

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Learned counsel for the petitioners has filed affidavit of Jaspreet Kaur - petitioner No.1 inter alia stating that the marriage between the petitioners was solemnized at Shri Radha Krishan Mandir, Maloya, Chandigarh as per Hindu rites and rituals by way of 'Phera' ceremony in the presence of friends on 30.05.2014. It is stated that in para 4 of the petition that has been filed due to a typing mistake it had wrongly been mentioned that the marriage was solemnized as per Sikh rites whereas it should have been Hindu rites and rituals. The affidavit is taken on record.

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The petitioners had known to each other for the last three years and they had a liking for each other. Jaspreet Kaur - petitioner No.1 was doing diploma at Katani Kalan college where she met Amit Sharma - petitioner No.2. Accordingly, they decided to marry amongst themselves. When the petitioners informed their respective parents

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Amit Kaundal 2014.06.05 10:33 I attest to the accuracy and integrity of this document Chandigarh

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CRM No.M-19861 of 2014

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-2-

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regarding marriage, the parents (respondents No.4 and 5) and brother (respondent No.6) of petitioner No.1 rejected the proposal as they wanted to marry petitioner No.1 in the same caste. Therefore, the petitioners of their own have solemnized their marriage amongst themselves at Shri Radha Krishan Mandir, Maloya, Chandigarh according to Hindu rites and rituals on 30.05.2014. The photographs (Annexure P-3) and certificate (Annexure P-4) of the marriage have been placed on record. The petitioners, however, apprehend threat to their life and liberty from respondents No.4 to 6 who are the parents and brother respectively of petitioner No.1. Therefore, they have filed the present petition.

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The petitioners, it is stated, are major. The date of birth of petitioner No.1 - Jaspreet Kaur as per her matriculation certificate (Annexure P-1) issued by the Punjab School Education Board is 15.06.1994 and the date of birth of petitioner No.2 - Amit Sharma as per his matriculation certificate (Annexure P-2) also issued by Punjab School Education Board is 16.07.1990. Therefore, it is stated that the marriage is valid. Petitioner No.1 apprehending danger to her life and liberty filed a representation dated 30.05.2014 (Annexure P-5) to the Commissioner of Police, Ludhiana (respondent No.2). However, despite the said representation, the threat to them persists.

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Amit Kaundal 2014.06.05 10:33 I attest to the accuracy and integrity of this document Chandigarh

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CRM No.M-19861 of 2014

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-3-

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Both the petitioners are present in Court and are identified by their counsel. It is stated by the petitioners that they have solemnized their marriage with each other of their own free will and desire and without any kind of pressure or undue influence. It is also stated by the petitioners that they were not earlier married. Besides, they are happy with their marriage.

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Keeping in view the facts and circumstances of the case, the criminal miscellaneous petition is disposed of with a direction to respondents No.2 and 3 that in case the petitioners approach any of them setting out their grievances as have been made in the present petition, the same would be looked into and considered by them independently and in accordance with law.

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04.06.2014 A.Kaundal

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Amit Kaundal 2014.06.05 10:33 I attest to the accuracy and integrity of this document Chandigarh

Jaspreet Kaur and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Jaspreet Kaur and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

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