Disposed

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

Punjab & Haryana HC13 May 2021CRWP/4259/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by a couple seeking protection of life and liberty against threats from their own families. The court directed the State to ensure their safety without adjudicating on the marriage's validity or the petitioners' age, reserving the right to bar proceedings if false averments are found.

What did the court decide?

Direction to respondents no.2 and 3 to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the respondents.

Parneet Kaur and Anr. Vs State… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2021)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP no.4259 of 2021 (O&M) Date of Decision: 13.05.2021

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Parneet Kaur and another

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…Petitioners

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Versus

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State of Punjab and others …Respondents

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CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH

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Present:Ms. Manisha Nehra, Advocate, for the petitioners. Mr. Amit Mehta, Sr. DAG, Punjab.

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Amol Rattan Singh, J. (Oral)

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Case heard by way of video conferencing.

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By this petition, the petitioners seek protection of life and liberty at the hands of respondents no.4 to 6, upon the petitioners having married each other (as contended) against the wishes of the said respondents, on 30.04.2021.

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On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier. She states that she has obtained specific instructions from the petitioners in that regard.

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Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without making any comment whatsoever on the validity of the marriage, or otherwise, this petition is disposed of with a direction to respondents no.2 and 3, to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents, or at their behest.

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VIKAS CHANDER 2021.05.14 22:08 I attest to the accuracy and integrity of this document

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CRWP no.4259 of 2021 (O&M)

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-2-

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Since there is no firm proof of age of either of the petitioners other than their Aadhar Cards, which is actually not firm proof of age, if any of the petitioners are found to be below the marriageable age in terms of the provisions of the Prohibition of Child Marriage Act, 2006, this order shall not be construed to be a bar on any proceedings initiated under that Act, the offences committed under that Act being cognizable in terms of the provisions of Section 15 thereof.

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Further, it is made clear that if any of the averments made in the petition is found to be incorrect, specifically with regard to either the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, this order shall not be construed to be a bar on proceedings initiated as per law.

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13.05.2021 (AMOL RATTAN SINGH) vcgarg JUDGE Whether speaking/reasoned :Yes Whether Reportable :No

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VIKAS CHANDER 2021.05.14 22:08 I attest to the accuracy and integrity of this document

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

Case brief

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

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