Disposed

Mahram and Another v. State of Haryana and Others

Punjab & Haryana HC29 Jan 2019CRM-M/3122/2019

Case brief

AI extract

What is this about?

A petition seeking protection of life and liberty was filed by two individuals claiming they performed a marriage. The court directed the Superintendent of Police to consider a representation to ensure safety, clarifying the order did not validate the marriage or exempt them from criminal proceedings for cognizable offences.

What did the court decide?

Respondent No.2 directed to consider representation dated 21.01.2019 and issue orders to ensure no harm is caused to petitioners.

Mahram and Another Vs State of Haryana and… — Writ and Judicial Review | Punjab & Haryana HC (2019)

¶1

In the High Court of Punjab and Haryana, at Chandigarh

¶2

Criminal Misc. No. M-3122 of 2019

¶3

Date of Decision: 29.01.2019

¶4

Mahram and Another

¶5

... Petitioner(s)

¶6

Versus State of Haryana and Others

¶7

... Respondent(s)

¶8

CORAM: Hon'ble Mr. Justice Shekher Dhawan.

¶9

Present: Ms. Anjali Rani, Advocate for Mr. Saleem Ahmed, Advocate for the petitioner(s).

¶10

Shekher Dhawan, J.

¶11

Both the petitioners are present in the Court and are identified

¶12

by their counsel.

¶13

Petitioners have sought protection of their lives and liberty, inter-alia , taking the plea that they performed the marriage with each other, whereas private respondents are not accepting their marriage and now they are apprehending danger to their lives and liberty from private respondents. Learned counsel for the petitioners contended that the petitioners performed marriage (nikah) on 14.01.2019.

¶14

Petitioners have also taken the plea that they are major and have performed their marriage with free will.

¶15

Notice of motion.

¶16

On the asking of the Court, Mr. Ashish Sanghi, Deputy

¶17

DEEPAK KUMAR BHARDWAJ 2019.01.29 15:26 I attest to the accuracy and integrity of this document

¶18

Criminal Misc. No. M-3122 of 2019 2

¶19

Advocate General, Haryana, accepts notice on behalf of respondents No.1 to 3. A complete copy of paper-book be provided to him during the course of the day.

¶20

Having considered the submissions made by learned counsel for the petitioners and perusal of record, respondent No.2-Superintendent of Police, Nuh, is directed to consider the representation dated 21.01.2019 (Annexure P5) and issue necessary orders, as warranted by law, so as to ensure that no harm is caused to the life and liberty of the petitioners at the hands of private respondents.

¶21

However, it is also made clear that this order shall not be taken to validate the alleged marriage of the petitioners or entitle them for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognizable offence. In case, the petitioners had committed any offence, the law will take its own course.

¶22

With the aforesaid observations made and directions issued, the present petition stands disposed of.

¶23

( Shekher Dhawan) Judge

¶24

January 29, 2019 “DK”

¶25

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

¶26

DEEPAK KUMAR BHARDWAJ 2019.01.29 15:26 I attest to the accuracy and integrity of this document

Mahram and Another v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Mahram and Another v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rubi and Anr. Vs State of Punjab and Ors.

Makhan Singh Vs State of Punjab

Inderjit Singh Vs State of Punjab

Pawan Shukla Vs State of Haryana

Jai Kumar @ Bhadur Vs State of Haryana

Daljinder Singh Vs Moti Dame