Disposed¶25

Rijwana and Another v. State of Punjab and Others

Punjab & Haryana HC8 Jan 2025CRWP/81/2025

Case brief

AI extract

What is this about?

CRWP-81-2025(O&M); Punjab and Haryana High Court, Chandigarh; decided 08.01.2025 by Justice Rajesh Bhardwaj; Article 226 Constitution of India; protection of life and liberty; marriage against wishes of relatives (respondents No.4 to 8); representation dated 02.01.2025 Annexure P-3; respondent No.2-Commissioner of Police, Ludhiana; petitioners major/divorcee/unmarried; no immunity from legal action; no opinion on validity of marriage; petition disposed with protective direction.

What did the court decide?

Direction to respondent No.2-Commissioner of Police, Ludhiana, to decide the representation (Annexure P-3) and grant the petitioners protection if any threat to their life and liberty is perceived; clarified that no immunity from legal action is granted and no opinion is expressed on the validity of the marriage. ¶25

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

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the petitioners, stated to be majors who married against the wishes of respondents No.4 to 8, are entitled to protection of their life and liberty by respondents No.2 and 3, including appropriate legal action on their representation dated 02.01.2025 (Annexure P-3).

¶17

Court's answer

Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, the Court disposed of the petition with a direction to respondent No.2-Commissioner of Police, Ludhiana, to decide the petitioners' representation (Annexure P-3) and grant them protection, if any threat to their life and liberty is perceived.

¶25

Ratio / Principle

The protective order does not grant the petitioners immunity from legal action for violation of law, if any, committed by them, and the Court expressed no opinion whatsoever on the validity of the marriage of the petitioners.

¶25

Detailed headnote1 paragraphs

Petition under Article 226 of the Constitution of India filed by Rijwana and another, stated to be majors (petitioner No.1 a divorcee with two children from her previous marriage; petitioner No.2 unmarried), claiming to have married against the wishes of respondents No.4 to 8, seeking protection of their life and liberty and appropriate legal action on their representation dated 02.01.2025 (Annexure P-3). Notice of motion was issued to respondents No.1 to 3-State only and accepted by the Sr.DAG, Punjab. Without evaluating the evidentiary value of the documents placed on file, the Court disposed of the petition directing respondent No.2-Commissioner of Police, Ludhiana, to decide the representation and grant the petitioners protection if any threat to their life and liberty is perceived. The Court clarified that the order confers no immunity from legal action for violation of law and expresses no opinion on the validity of the marriage.

¶1

CRWP-81-2025(O&M)

¶2

-1-

¶3

109

¶4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶5

CRWP-81-2025(O&M) Date of Decision: January 08, 2025

Rijwana and another

......Petitioners

Versus

State of Punjab and others

¶10

......Respondents

¶11

CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

¶12

Present: Mr.Amit Khari, Advocate for the petitioners.

¶13

RAJESH BHARDWAJ, J.(ORAL)

¶14

CRM-W-12-2025

¶15

Application is allowed as prayed for.

¶16

Main case

¶17

Present petition has been filed under Article 226 of the Constitution of India for directing respondents No.2 and 3 to protect the life and liberty of the petitioners and not to interfere in their peaceful life at the behest of respondents No.4 to 8 and other relatives and to take appropriate legal action on the representation, dated 02.01.2025, Annexure P-3.

¶18

Learned counsel for the petitioners states that both the petitioners are major. It is further submitted that petitioner No.1 is divorcee and she has two children also from her previous marriage, who are living with her whereas petitioner No.2 is unmarried. It is further submitted that both the petitioners have married against the wishes of respondents No.4 to

¶19

8 and have sought protection to their life and liberty. They apprehend danger

¶20

MEENU 2025.01.09 13:28 I attest to the accuracy and integrity of this document

¶21

CRWP-81-2025(O&M) -2-

¶22

from respondents No.4 to 8. The petitioners have submitted a representation dated 02.01.2025 (Annexure P-3) to respondent No.2.

¶23

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

¶24

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

¶25

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, Ludhiana, to decide the representation (Annexure P-3) 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 of the petitioners.

¶26

January 08, 2025 ( RAJESH BHARDWAJ ) meenuss JUDGE 1. Whether speaking/reasoned ? Yes/No 2. Whether reportable ? Yes/No

¶27

MEENU 2025.01.09 13:28 I attest to the accuracy and integrity of this document

Rijwana and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Rijwana and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

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

Garima and Anr. Vs State of Haryana and Ors.

Rajveer Singh and Anr. Vs State of Punjab and Ors.

Shamsher Singh and Another Vs State of Punjab and Others

Swaran Singh Vs State of Punjab

Seema Rani and Anr. Vs State of Punjab and Ors.