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

Prachi and Another Vs State of Punjab and… — 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-5) within one week of receipt of a certified copy of the order and to grant protection if there is any threat to their life and liberty; the order does not shield the petitioners from legal action for any violation of law committed by them.

Issue for consideration

Whether the petitioners, who claim to be major and to have married against the wishes of respondents No.4 to 9, are entitled to protection of their life and liberty at the hands of respondents No.1 to 3.

Court's answer

The Court disposed of the petition without commenting on the validity of the marriage allegedly performed by the petitioners and without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file.

Ratio / Principle

Respondent No.2 is directed to decide the petitioners' representation (Annexure P-5) within one week from the date of receipt of a certified copy of the order.

Key takeaways

Protection is to be granted to the petitioners if there is any threat to their life and liberty.ratio¶¶23
The order shall not be taken to protect the petitioners from legal action for violation of law, if any committed by them.ratio¶¶23

Detailed headnote1 paragraphs

CRWP-2558-2025 (O&M), decided 17.03.2025 (Harpreet Singh Brar, J., oral order): Writ petition under Article 226 of the Constitution of India by Prachi and another, who claim to be major and to have married against the wishes of private respondents No.4 to 9, seeking a writ in the nature of mandamus directing respondents No.1 to 3 to protect their life and liberty; a marriage certificate (Annexure P-3) and an unactioned representation dated 10.03.2025 to respondent No.2 (Annexure P-5) were placed on record. The Court disposed of the petition without commenting on the validity of the marriage or evaluating the evidentiary value of the documents, directing 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 clarifying that the order shall not protect the petitioners from legal action for violation of law, if any committed by them.

CRWP-2558-2025

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106

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-2558-2025 (O&M) Date of decision: 17.03.2025

Prachi and another

... Petitioners

Vs.

State of Punjab and others

... Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. V.K. Dhiman, Advocate for the petitioners.

HARPREET SINGH BRAR, J. (ORAL)

Present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents No.1 to 3 to protect the life and liberty of petitioners at the hands of respondents No.4 to 9.

Learned counsel for the petitioners contends that the petitioners have married against the wishes of respondents No.4 to 9 and they claim themselves to be major and seek protection to their life and liberty. They apprehend danger from respondents No.4 to 9. They have placed on record marriage certificate (Annexure P-3) to substantiate their claim. The petitioners

VISHNU 2025.03.17 16:36 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

CRWP-2558-2025

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have also submitted a representation dated 10.03.2025 (Annexure P-5) to respondent No.2 but no action has been taken so far.

Notice of motion to the official respondents only.

Mr. Subhash Godara, Addl. A.G., Punjab, 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-5) 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 ] 17.03.2025 JUDGE vishnu

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

VISHNU 2025.03.17 16:36 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh