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

Diwanshi and Anr. Vs State of Haryana 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 violation of law.

Issue for consideration

Whether a writ of mandamus should issue directing respondents No.2 & 3 to protect the life and liberty of the petitioners at the hands of respondents No.4 to 6. +1 more

Court's answer

The Court disposed of the petition with a direction to respondent No.2 to decide the petitioners' representation (Annexure P-5) within one week from receipt of a certified copy of the order.

Ratio / Principle

Respondent No.2 is directed to grant the petitioners protection if there is any threat to their life and liberty.

Key takeaways

The order shall not be taken to protect the petitioners from legal action for violation of law, if any committed by them.ratio¶23
The Court expressly declined to comment on the validity of the marriage allegedly performed by the petitioners or to evaluate the evidentiary value of the documents placed on file, leaving those questions open.obiter¶23

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Harpreet Singh Brar, J., oral order dated 18.03.2025) disposed of CRWP-2592-2025 (O&M), a petition under Article 226 of the Constitution of India by Diwanshi and another seeking a writ of mandamus directing respondents No.2 & 3 to protect their life and liberty from respondents No.4 to 6. The petitioners claimed to have married against the wishes of respondents No.4 to 6, claimed to be major, apprehended danger from them, and had produced a marriage certificate (Annexure P-3) and a representation dated 12.03.2025 (Annexure P-5) to respondent No.2 on which no action had been taken. Without commenting on the validity of the marriage or the evidentiary value of the documents on file, the Court 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 was any threat to their life and liberty, while making clear that the order would not protect the petitioners from legal action for any violation of law committed by them.

CRWP-2592-2025

-1-

117

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-2592-2025 (O&M) Date of decision: 18.03.2025

Diwanshi and another

... Petitioners

Vs.

State of Haryana and others

... Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Ankit Aggarwal, Advocate and Mr. Sandeep Singh, Advocate for Mr. Davinder Kumar, 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.2 & 3 to protect the life and liberty of petitioners at the hands of respondents No.4 to 6.

Learned counsel for the petitioners contends that the petitioners have married against the wishes of respondents No.4 to 6 and they claim themselves to be major and seek protection to their life and liberty. They apprehend danger from respondents No.4 to 6. They have placed on record

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

CRWP-2592-2025

-2-

marriage certificate (Annexure P-3) to substantiate their claim. The petitioners have also submitted a representation dated 12.03.2025 (Annexure P-5) to respondent No.2 but no action has been taken so far.

Notice of motion to the official respondents only.

Mr. 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-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.

18.03.2025 vishnu

[ HARPREET SINGH BRAR ] JUDGE

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