High CourtsSingle Bench(2019) 10 P&H CK 0070

Pawan Deep Kaur And Another vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 9 October 2019

HON’BLE JUDGES
Raj Mohan Singh, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 29481 Of 2019

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Judgment

10 paragraphs · 401 words

Raj Mohan Singh, J

In this petition, petitioners seek issuance of necessary directions to respondents No.2 and 3 to protect their lives and personal liberties from being invaded by the private respondents No.4 to 6. Petitioners claimed themselves to be major and have contracted marriage on 21.11.2018 as per Sikh rites and ceremonies and according to their own sweet will, but against the wishes of their family members. Marriage certificate (Annexure P-3) and photographs of marriage (Annexure P-4) are sought to be pressed into service in order to project validity of marriage.

Petitioners are serving as Teachers in government schools. They have threat perception at the hands of private respondents and precisely for that reason, they have moved representation dated 03.10.2019 (Annexure P-5) to Senior Superintendent of Police, Sri Muktsar Sahib. Petitioners have prayed for issuance of necessary directions for safeguarding their personal, civil and legal rights.

Notice of motion to respondents No.1 to 3.

On the asking of the Court, Mr. Rajesh Bhardwaj, Sr. D.A.G., Punjab accepts notice on behalf of State-respondents No.1 to 3.

At this stage, without commenting upon the validity of marriage and majority of the petitioners in terms of their respective ages, however, respondent No.2 can be asked to have a fair look on the grievance of the petitioners in order to ascertain veracity of allegations made by the petitioners.

Respondent No.2 would be at liberty to devise his/her own mechanism to ascertain the truth. He/she would also be at liberty to join the petitioners or any other person acquainted with facts in issue. In case respondent No.2 finds that there is some truth in the allegations of the petitioners, then he/she shall proceed to take appropriate action in accordance with law.

The aforesaid order is being passed at this stage without meaning anything on the merits of the case.

Respondent No.2 would pass necessary order without being influenced by any observation made by the Court in terms of pleadings at this stage. This order shall not debar the official respondents from proceeding against any of the party in accordance with law in case they are involved in some other case. It would be appreciated if the representation filed by the petitioners is decided within a period of one month from the date of receipt of certified copy of this order keeping in view the threat perception shown by the petitioners.

Petition stands disposed of accordingly.