Parveena And Another vs State Of Punjab And Others

Arun Kumar Tyagi, J

The case has been taken up for hearing through video conferencing.

The petitioners, claiming themselves to be aged about 23 and 20 years respectively, have approached this Court seeking protection of their life and liberty on the averments that the petitioners, being major, performed marriage on 10.03.2021 as per Hindu rites and ceremonies against the wishes of respondents No.5 to 8 and the petitioners are apprehending threat to their life and liberty at their instance.

In support of the averments made in the petition, the petitioners have also enclosed photographs taken at the time of their marriage.

Notice of motion restricted to respondents No.1 to 3 only.

Pursuant to supply of advance copy, Mr. P.S. Walia, Asstt. AG, Punjab has appeared and accepted notice on behalf of respondents No.1 to 3.

Learned counsel for the petitioners states that representation dated 10.03.2021 (Annexure P-4) was made to the Senior Superintendent of Police, Patiala seeking necessary protection but no action has been taken so far in the matter and prays for issuance of direction in this regard.

Learned State counsel has no objection if appropriate direction for providing requisite protection to the petitioners is given.

In the present case petitioner No.2 aged about 20 years has claimed to have performed marriage with petitioner No.1 in accordance with Hindu rites and ceremonies although he has not attained the minimum marriageable age of 21 years. In view of the nature of relief sought, the question of validity of marriage of the petitioners is not required to be adjudicated upon in the present case. Suffices it to observe that under Section 3 of the Prohibition of Child Marriage Act, 2006 marriage performed in breach of provisions thereof and Section 5(iii) of the Hindu Marriage Act, 1955 is voidable and not void. Law also recognizes live-in-relationship in the nature of marriage for protection of life and liberty of the parties thereto and enforcement of the rights accruing from the same.

Without examining the question of legality and validity of the marriage and expressing any opinion thereon, the petition is disposed of with the directions to respondent No.2-Senior Superintendent of Police, Patiala to look into the grievances of the petitioners as set out in the petition and also expressed in the representation (Annexure P-4) and take appropriate action for protection of their life and liberty as may be warranted by the circumstances.

However, it is clarified that in case any criminal case has been/is registered against petitioner No.2, then nothing in this order shall be construed as a bar for taking of appropriate action by the police authorities against him in respect thereof in accordance with law.

The Registry of this Court is directed to send a copy of this order along with copy of the petition and above-said representation to respondent No.2-Senior Superintendent of Police, Patiala for requisite compliance.