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Crm No.M-20070 of 2014 Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Crm No.M-20070 of 2014

Respondent

State of Punjab and Others

Excerpt:


.....present in court and are identified by their counsel. it is stated by the petitioners that they have solemnized their marriage with each other of their own free will and desire and without any kind of pressure or undue influence. it is also stated by the petitioners that they were not earlier married. besides, they are happy with their marriage. keeping in view the facts and circumstances of the case, the criminal miscellaneous petition is disposed of with a direction to respondents no.2 and 3 that in case the amit kaundal 2014.06.06 11:32 i attest to the accuracy and integrity of this document chandigarh crm no.m-20070 of 2014 -3- petitioners approach any of them setting out their grievances as have been made in the present petition, the same would be looked into and considered by them independently and in accordance with law. (s.s.saron) judge0506.2014 a.kaundal amit kaundal 2014.06.06 11:32 i attest to the accuracy and integrity of this document chandigarh

Judgment:


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-20070 of 2014 Date of decision: 05.06.2014 Shikha Wadhera and another ....Petitioners Versus State of Punjab and others ....Respondents Present: Mr.Amit Puri, Advocate for the petitioneRs.S.S.SARON, J.

The petitioners had a liking of each other and understand each other.

They have been in relationship for the last many yeaRs.Accordingly, they decided to marry amongst themselves.

They tried their best to convince the respondents No.4 to 8 who are the parents, brother and maternal uncles respectively of petitioner No.1 but they were not agreeable for the marriage.

Finding no other alternative, the petitioners without the consent of respondents No.4 to 8 have solemnized their marriage amongst themselves at Prachin Shiv Mandir, Panchkula as per Hindu rites and ceremonies on 28.05.2014.

The certificate (Annexure P-3) of marriage issued by the Prachin Shiv Mandir, Panchkula and photographs (Annexure P-6) taken at the time of marriage have been placed on record.

On account of the marriage that has been solemnized, the Amit Kaundal 2014.06.06 11:32 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-20070 of 2014 -2- petitioners apprehend danger to their life and liberty.

Therefore, they have filed the present petition.

The petitioneRs.it is stated, are major.

The date of birth of petitioner No.1 – Shikha Wadhera as per her certificate (Annexure P-1) issued by the Central Board of Secondary Education is 18.08.1988 and the date of birth of petitioner No.2 – Gulshan Kumar as per his matriculation certificate (Annexure P-2) issued by the Board of School Education, Haryana is 16.04.1983.

In view of the threat perception to the petitioneRs.they filed a representation dated 30.05.2014 (Annexure P-7) to the Senior Superintendent of Police, Patiala District Patiala (respondent No.2).However, despite the said representation, the threat perception to them persists.

Both the petitioners are present in Court and are identified by their counsel.

It is stated by the petitioners that they have solemnized their marriage with each other of their own free will and desire and without any kind of pressure or undue influence.

It is also stated by the petitioners that they were not earlier married.

Besides, they are happy with their marriage.

Keeping in view the facts and circumstances of the case, the criminal miscellaneous petition is disposed of with a direction to respondents No.2 and 3 that in case the Amit Kaundal 2014.06.06 11:32 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-20070 of 2014 -3- petitioners approach any of them setting out their grievances as have been made in the present petition, the same would be looked into and considered by them independently and in accordance with law.

(S.S.SARON) JUDGE0506.2014 A.Kaundal Amit Kaundal 2014.06.06 11:32 I attest to the accuracy and integrity of this document Chandigarh


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