Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRL.
MISC.
No.M-13907 OF2014DATE OF DECISION : 1st July, 2014 Jatinder Kaur & another ….
Petitioners Versus State of Punjab & others ….
Respondents CORAM : HON’BLE Mr.JUSTICE SURINDER GUPTA **** Present : Mr.Sunil K.
Tandon, Advocate for the petitioneRs.Mr.Jasdev Singh Brar, AAG, Punjab.
Mr.L.S.
Sidhu, Advocate for respondent no.4.
**** SURINDER GUPTA, J.
(ORAL) Reply of respondent Nos.1 to 3 filed in Court today, is taken on record.
The plea has been taken in the reply that the marriage of the petitioners is prohibited under the Hindu Marriage Act on behalf of respondent no.4.
Reply on behalf of respondent no.4 has already been filed taking the similar plea.
In this petition, the petitioners have sought protection to their life and liberty.
They have married against the wishes of the private respondents.
The fact as to whether the marriage is legal or valid is not a point in issue in this petition.
The question relates to the security of life and liberty of the petitioners to which they are entitled, even if there is some legal impediment in their relationship.
CRL.
MISC.
NO.M-13907 OF2014-2- Learned counsel for respondent No.4 assures that no threat to the life and liberty of the petitioners will be caused by respondent no.4, who is a widow lady.
In the reply, the State has not come up with any assurance for the security of life and liberty of the petitioneRs.It is very strange that in the reply, the entire emphasis is on the legality and validity of the marriage of the petitioneRs.The fact that the petitioners are apprehended danger to their life and liberty has not been either taken care or replied.
Without expressing any opinion on the merits of the case or about legality of marriage of petitioneRs.this petition is disposed of with direction to respondent no.2 to look into the representation (Annexure P- 5) and provide due protection to the life and liberty of the petitioners from the hands of the private respondents.
It is, however, made clear that nothing contained in this order shall be interpreted to provide any protection to the petitioners in any criminal, civil or other proceedings.
1st July, 2014 (SURINDER GUPTA) GUPTA) ‘raj’ JUDGE Raj Kumar 2014.07.04 17:59 I attest to the accuracy and integrity of this document Chandigarh