Petitioners seeking protection of life and liberty claiming they performed a marriage. Court directed police to ensure safety but clarified order does not validate marriage or stop criminal proceedings if offenses exist.
Respondent No.2 directed to consider representation and issue orders to ensure safety of petitioners.
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.
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Misc. No. M-3601 of 2019
Date of Decision: 28.01.2019
Rubi and Another ... Petitioner(s) Versus State of Punjab and Others ... Respondent(s)
CORAM: Hon'ble Mr. Justice Shekher Dhawan.
Present: Petitioners in person.
Shekher Dhawan, J.
Both the petitioners are present in the Court. Petitioners have sought protection of their lives and liberty, inter-alia , taking the plea that they performed the marriage with each other on 20.01.2019, whereas private respondents are not accepting their marriage and now they are apprehending danger to their lives and liberty from private respondents.
Petitioners have also taken the plea that they are major and have performed their marriage with free will.
Having considered the submissions made by the petitioners and perusal of record, respondent No.2-Senior Superintendent of Police, Gurdaspur, is directed to consider the representation dated 22.01.2019 (Annexure P4) 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.
DEEPAK KUMAR BHARDWAJ 2019.01.28 12:37 I attest to the accuracy and integrity of this document
Criminal Misc. No. M-3601 of 2019 2
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.
With the aforesaid observations made and directions issued, the present petition stands disposed of.
( Shekher Dhawan) Judge January 28, 2019 “DK” Whether speaking/reasoned :Yes/No Whether reportable : Yes/No
DEEPAK KUMAR BHARDWAJ 2019.01.28 12:37 I attest to the accuracy and integrity of this document
Rubi and Another
State of Punjab and Others
Shekher Dhawan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
