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

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

What the court decided

AI extract

Outcome

Direction to respondent No.2-Senior Superintendent of Police, District Moga to decide the petitioners' representation (Annexure P-5) and grant protection, if any threat to their life and liberty is perceived; with clarifications that the order confers no immunity from legal action for violation of law and expresses no opinion on the validity of the marriage; memo of parties corrected so respondent No.2 reads `Senior Superintendent of Police, Moga'.

Issue for consideration

Whether respondents No.1 to 3 should protect the life and liberty of the petitioners and not interfere in their married life at the instance of respondents No.4 to 6, the petitioners having married against the wishes of respondents No.4 to 6 and apprehending danger from them.

Court's answer

Petition disposed of with a direction to respondent No.2-Senior Superintendent of Police, District Moga, to decide the representation (Annexure P-5) of the petitioners and grant them protection, if any threat to their life and liberty is perceived.

Ratio / Principle

The Court arrived at this disposition without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file.

Key takeaways

Clarified that the order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them.ratio¶¶21
Clarified that the order would not be understood as expressing any opinion whatsoever by this Court on the validity of the marriage performed by the petitioners.ratio¶¶21
Allowed the counsel's prayer to correct the memo of parties: respondent No.2 to be read as Senior Superintendent of Police, Moga, instead of Senior Superintendent Moga; Registry directed to do the needful.

Detailed headnote1 paragraphs

CRWP-43-2025 (O&M), High Court of Punjab and Haryana at Chandigarh, decided January 07, 2025 (Rajesh Bhardwaj, J., oral): Writ petition under Article 226 of the Constitution of India by Harpreet Kaur and another, both stated to be major, who performed marriage against the wishes of respondents No.4 to 6 and apprehend danger from them, seeking protection of life and liberty and non-interference in their married life. Marriage certificate and photographs on record as Annexures P-3 and P-4; representation dated 02.01.2025 (Annexure P-5) submitted to respondent No.2. Notice of motion to respondents No.1 to 3-State only, accepted by Mr.Tarun Aggarwal, Sr.DAG, Punjab. Held/disposed: without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, petition disposed of with a direction to respondent No.2-Senior Superintendent of Police, District Moga, to decide the representation (Annexure P-5) and grant protection, if any threat to life and liberty is perceived; clarified that the order grants no immunity from legal action for violation of law, if any, committed by the petitioners, and expresses no opinion on the validity of the marriage. Prayer allowed to correct memo of parties - respondent No.2 to be read as `Senior Superintendent of Police, Moga'. No precedent cited; no costs or quantum awarded.

CRWP-43-2025 (O&M)

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108

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-43-2025 (O&M) Date of Decision: January 07, 2025

Harpreet Kaur and another

......Petitioners

Versus

State of Punjab and others

......Respondents

CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present: Mr.Deepak Kumar Bartia, Advocate for the petitioners.

RAJESH BHARDWAJ, J.(ORAL)

Present petition has been filed under Article 226 of the Constitution of India for directing respondents No.1 to 3 to protect the life and liberty of the petitioners and not to interfere in their married life at the instance of respondents No.4 to 6 and their other relatives and friends.

At the outset it has been submitted by learned counsel for the petitioners that inadvertently in the memo of parties respondent No.2 has been written as Senior Superintendent Moga instead of Senior Superintendent of Police, District Moga and the same may be ordered to be corrected.

Prayer of the counsel for the petitioners is allowed. Let respondent No.2 in the memo of parties be read as Senior Superintendent of Police, Moga’ instead of Senior Superintendent Moga’. Registry is directed to do the needful.

Learned counsel for the petitioners states that both the

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

CRWP-43-2025 (O&M) -2-

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 as Annexures P-3 and P-4. The petitioners have submitted a representation, dated 02.01.2025 (Annexure P-5) to respondent No.2.

Notice of motion to respondents No.1 to 3-State only. 6. On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State. 7. 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-Senior Superintendent of Police, District Moga, 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.

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

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