Disposed

Vakila and Anr. v. State of Haryana and Others

Punjab & Haryana HC8 Jan 2019CRM-M/406/2019

Case brief

AI extract

What is this about?

The High Court directed the Superintendent of Police to ensure the safety of petitioners claiming they performed a legally valid major marriage facing threats from private respondents. The order explicitly excludes any validation of the marriage or immunity from criminal proceedings if an offence is involved.

What did the court decide?

Direction to Superintendent of Police, Nuh to consider the representation and issue orders to ensure no harm is caused to the petitioners' life and liberty.

Vakila and Anr. Vs State of… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2019)

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In the High Court of Punjab and Haryana, at Chandigarh

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Criminal Misc. No. M-406 of 2019

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Date of Decision: 08.01.2019

Vakila and Another

... Petitioner(s)

Versus

State of Haryana and Others

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... Respondent(s)

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CORAM: Hon'ble Mr. Justice Shekher Dhawan.

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

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Shekher Dhawan, J.

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Both the petitioners are present in the Court and are identified by their counsel.

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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 22.12.2018.

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Petitioners have also taken the plea that they are major and have

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performed their marriage with free will.

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Notice of motion.

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On the asking of the Court, Mr. Neeraj Poswal, Assistant DEEPAK KUMAR BHARDWAJ2019.01.08 13:12 Advocate General, Haryana, accepts notice on behalf of respondents I attest to the accuracy and integrity of this document

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Criminal Misc. No. M-406 of 2019 2

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No.1 & 2. A complete copy of paper-book be provided to him during the course of the day.

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Having considered the submissions made by learned counsel for the petitioners and perusal of record, Superintendent of Police, Nuh, is directed to consider the representation dated 07.01.2019 (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.

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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.

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With the aforesaid observations made and directions issued, the

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present petition stands disposed of.

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( Shekher Dhawan) Judge

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January 08 2019 “DK”

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

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DEEPAK KUMAR BHARDWAJ 2019.01.08 13:12 I attest to the accuracy and integrity of this document

Vakila and Anr. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Vakila and Anr. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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