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Judgment
VIKRAM AGGARWAL, J (ORAL)
The prayer in the present petition, which has been preferred under Article 226 of the Constitution of India, is for the issuance of a writ in the nature of mandamus directing respondents No.1 to 3 to protect the life and personal liberty of the petitioners.
On 14.09.2026, the following order was passed:-
"The present petition has been instituted under Article 226 of the Constitution of India praying for the issuance of a writ in the nature of mandamus directing respondents No.1 to 3 to protect the life and personal liberty of the petitioners.
2.Petitioner No.1 is stated to a resident of Ludhiana and petitioner No.2 is a resident of Patiala. The grievance is that petitioner No.1, who is a minor, her date of birth being 22.07.2009, is facing a hostile environment at home. Respondent No.4 Rajinder Kaur is stated to be her mother, who is stated to be married to respondent No.7 Satnam Singh, who is the step-father of petitioner No.1. It is further the case of petitioners that there are continuing matrimonial disputes, as a result of which, petitioner No.1 has remained exposed to an atmosphere of insecurity, pressure and apprehension. It has been averred that earlier, respondent No.4 had compelled petitioner No.1 to accept a matrimonial arrangement to which she was not agreeable and accordingly resisted the same. Certain other instances pointing to a matrimonial discord between respondent No.4 and respondent No.7 have also been mentioned in the petition.
3.It has been averred that now, respondents No.4 to 9 have started exerting pressure upon petitioner No.1 to solemnize marriage with one D.C. Verma and the marriage is stated to be fixed for 11.10.2026.
4.It has further been averred that petitioner No.1 voluntarily left her home on 08.09.2026 and had sought the help and assistance of petitioner No.2 with whom she had developed emotional attachment and a feeling of affection. It has been averred that petitioner No.2 neither enticed nor had he compelled petitioner No.1 to leave her home.
5.Accordingly, the petitioners pray for protection of their life and personal liberty.
6.Notice of motion for 18.09.2026.
7.On the asking of the Court, Mr. Ravinder Singh, Dy. Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 3.
8.Respondents No.4 to 9 be served for the date fixed.
9.State of Punjab is directed to ensure the presence of respondents No.4 to 9 in Court on the next date of hearing.
10.The petitioners are stated to be residing in Chandigarh. Since petitioner No.1 is a minor, the Incharge, Police Post, of this Court, is directed to send petitioner No.1 to Aashiana, Sector-15, Chandigarh today itself, with a view to ensure her safety.
11.Further, it shall also be ensured that the life and personal liberty of petitioner No.2 is also not harmed.
12.To be listed in the urgents.”
In compliance with the said order, respondents No.4 and 5 are present in Court.
Learned Public Prosecutor, UT Chandigarh, had appeared before the Court prior to the matter being taken up and had submitted that as per information received from Aashiana, petitioner No.1, who is a minor, now states that she wants to go to her mother. Upon this, the Court had directed him to produce the child in the Court.
Pursuant to the same, the child has been produced by the Aashiana Authorities.
The Court has interacted with the child and the mother separately as also jointly in the Chamber. Petitioner No.1 now states that she wishes to accompany her mother with her own free will provided she is not married before the age of 18.
Respondent No.4, who is present in Court, assures the Court that she will not ask the petitioner No.1 to solemnize marriage before the age of 18.
Separate statements have been recorded.
That being so, the custody of petitioner No.1 is ordered to be handed over to respondent No.4 in accordance with rules.
The petition is accordingly disposed of in terms of the statements given by the petitioner No.1 and respondent No.4.
A copy of this order be given to learned counsel for the parties under the attestation of the Special Secretary to the Bench. Pending application(s), if any, shall also stand disposed of.