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

Punjab & Haryana HC7 Jan 2025CRWP/24/2025

Case brief

AI extract

What is this about?

Punjab and Haryana High Court; CRWP-24-2025 (O&M); Rajesh Bhardwaj, J.; decision 07.01.2025; Articles 226/227 Constitution of India; inter-caste marriage; protection of life and liberty; Harmandeep Kaur; Commissioner of Police Amritsar; representation Annexure P-5 dated 01.01.2025; marriage certificate Annexures P-3/P-4; no immunity from legal action; no opinion on validity of marriage; petition disposed.

What did the court decide?

Direction to respondent No.2-Commissioner of Police, Amritsar, District Amritsar, to decide the petitioners' representation (Annexure P-5) and grant them protection if any threat to their life and liberty is perceived; the order grants no immunity from legal action and expresses no opinion on the validity of the marriage. ¶¶25

Harmandeep Kaur and Anr. Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents No.1 to 3 (State authorities) should protect the life and liberty of the petitioners, who are majors in an inter-caste marriage, and not interfere in their married life at the behest of respondents No.4 to 6.

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Court's answer

The Court disposed of the petition, without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, with a direction to respondent No.2-Commissioner of Police, Amritsar, District Amritsar, to decide the petitioners' representation (Annexure P-5).

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Ratio / Principle

Protection is to be granted to the petitioners if any threat to their life and liberty is perceived.

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Key takeaways

The order shall not be taken to grant the petitioners immunity from legal action for violation of law, if any, committed by them.ratio¶¶25
The Court expressed no opinion whatsoever on the validity of the marriage performed by the petitioners, leaving that point open.obiter¶¶25

Detailed headnote1 paragraphs

Writ petition (CRWP-24-2025 O&M) under Articles 226/227 of the Constitution of India by Harmandeep Kaur and another, majors who performed an inter-caste marriage against the wishes of respondents No.4 to 6, seeking protection of life and liberty and non-interference in their married life. Marriage certificate and photographs were on record as Annexures P-3 and P-4, and a representation dated 01.01.2025 (Annexure P-5) had been made to respondent No.2. Without evaluating the evidentiary value of the documents, the Court (Rajesh Bhardwaj, J.) disposed of the petition, directing respondent No.2-Commissioner of Police, Amritsar, District Amritsar, to decide the representation (Annexure P-5) and grant protection if any threat to the petitioners' life and liberty is perceived. The Court clarified that the order grants no immunity from legal action for violation of law and expresses no opinion on the validity of the marriage.

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CRWP-24-2025 (O&M)

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-1-

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106

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP-24-2025 (O&M) Date of Decision: January 07, 2025

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Harmandeep 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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CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

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Present: Mr.Geeteshwar Saini, Advocate for the petitioners.

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RAJESH BHARDWAJ, J.(ORAL)

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CRM-W-2-2025

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Application is allowed, as prayed for.

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Main case

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Present petition has been filed under Articles 226/227 of the Constitution of India for directing respondents No.1 to 3 for protection of life and liberty of the petitioners and not to interfere in their married life at the behest of respondents No.4 to 6 and their other relatives and friends as marriage of the petitioners is inter-caste marriage.

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Learned counsel for the petitioners states that both the petitioners are major and have performed marriage against the wishes of respondents No.4 to 6 and have sought protection to their life and liberty. They apprehend danger from respondents No.4 to 6. Their marriage certificate and marriage photographs evidencing their marriage are on record

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MEENU 2025.01.08 10:22I attest to the accuracy andas Annexures P-3 and P-4. The petitioners have submitted a representation, integrity of this document

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CRWP-24-2025 (O&M) -2-

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dated 01.01.2025 (Annexure P-5) to respondent No.2.

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Notice of motion to respondents No.1 to 3-State only.

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On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State.

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Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a direction to respondent No.2-Commissioner of Police, Amritsar, District Amritsar, to decide the representation (Annexure P-5) of the petitioners and grant them protection, if any threat to their life and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order would not be understood having expressed any opinion whatsoever by this Court on the validity of the marriage performed by the petitioners.

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January 07, 2025 ( RAJESH BHARDWAJ ) meenuss JUDGE 1. Whether speaking/reasoned ? Yes/No 2. Whether reportable ? Yes/No

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MEENU 2025.01.08 10:22 I attest to the accuracy and integrity of this document

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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