Santosh and Another Vs State of Haryana… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Santosh and Another Vs State of Haryana… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.2 to decide the petitioners' representation (Annexure P-4) within one week from receipt of a certified copy of the order and to grant the petitioners protection if there is any threat to their life and liberty; order expressly does not shield them from legal action for any violation of law.

Issue for consideration

Whether the official respondents must protect the life and liberty of the petitioners, who married against the wishes of private respondents No.4 to 7 and claim to be major, from danger at the hands of those private respondents. +1 more

Court's answer

Petition disposed of with direction to respondent No.2 to decide the petitioners' representation (Annexure P-4) within one week of receipt of a certified copy of the order and to grant them protection if there is any threat to their life and liberty.

Ratio / Principle

The order shall not be taken to protect the petitioners from legal action for violation of law, if any committed by them.

Key takeaways

The Court expressly refrained from commenting on the validity of the marriage allegedly performed by the petitioners and from evaluating the evidentiary value of the documents placed on the file.ratio¶5

Detailed headnote1 paragraphs

Protection of life and liberty - writ petition under Articles 226/227 of the Constitution by a couple (petitioners 'Santosh and another') who married against the wishes of private respondents No.4 to 7 and claim to be major, apprehending danger from them; marriage certificate (Annexure P-3) placed on record and representation dated 09.03.2025 (Annexure P-4) to respondent No.2 remained unactioned. Disposing of the petition orally, the Court (Harpreet Singh Brar, J.) directed respondent No.2 to decide the representation within one week of receipt of a certified copy of the order and to grant protection if there is any threat to the petitioners' life and liberty, expressly without commenting on the validity of the marriage or evaluating the evidentiary value of the documents, and clarified that the order shall not protect the petitioners from legal action for any violation of law committed by them.

CRWP-2550-2025

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115

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-2550-2025 (O&M) Date of decision: 18.03.2025

Santosh and another

... Petitioners

Vs.

State of Haryana and others

... Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Ms. Deepali Gupta, Advocate for the petitioners.

HARPREET SINGH BRAR, J. (ORAL)

Present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondents to protect the life and liberty of petitioners at the hands of private respondents.

Learned counsel for the petitioners contends that the petitioners have married against the wishes of respondents No.4 to 7 and they claim themselves to be major and seek protection to their life and liberty. They apprehend danger from respondents No.4 to 7. They have placed on record marriage certificate (Annexure P-3) to substantiate their claim. The petitioners

VISHNU 2025.03.18 17:08 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

CRWP-2550-2025 -2-

have also submitted a representation dated 09.03.2025 (Annexure P-4) to respondent No.2 but no action has been taken so far.

Notice of motion to the official respondents only.

Mr. Vikas Bhardwaj, AAG, Haryana, who is present in Court, accepts notice for the official respondents. Learned counsel for the petitioners is directed to supply a copy of complete paper book to learned State counsel during course of the day.

Without commenting on validity of the marriage allegedly performed by the petitioners and entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of this petition with direction to respondent No.2 to decide representation of the petitioners (Annexure P-4) within a period of one week from the date of receipt of a certified copy of this order and grant them protection, if there is any threat to their life and liberty. It is made clear that this order shall not be taken to protect the petitioners from legal action for violation of law, if any committed by them.

[ HARPREET SINGH BRAR ] 18.03.2025 JUDGE vishnu

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

VISHNU 2025.03.18 17:08 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh