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High CourtsSingle Bench(2012) 12 P&H CK 0007

Pooja and Another vs State of Haryana and Others

Punjab And Haryana At Chandigarh · Decided on 28 December 2012

HON’BLE JUDGES
G.S. Sandhawalia, J
CASE NUMBER
CRM-M No. 41395 of 2012 (O and M)

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Judgment

7 paragraphs · 383 words

G.S. Sandhawalia, J.

Crl. Misc. No. 78426 of 2012

Application filed u/s 482 Cr.P.C. seeking exemption from filing the certified copy of Annexures P/1 to P/4 is allowed in view of averments made in the application duly supported by an affidavit.

Crl. Misc. No. M-41395 of 2012

1.

The present petition has been filed u/s 482 Cr.P.C. seeking direction to respondent No. 2 to provide protection to the life and liberty of the petitioners at the hands of respondent No. 4 and his relatives and direction to respondent No. 3 not to harass the petitioners and their family members and restrain respondent No. 4 from interfering with the matrimonial life of the petitioners. It has been averred that the date of birth of petitioner No. 1 is 14.03.1992 and an affidavit to that effect is attached as Annexure P/1 and the date of birth of petitioner No. 2 is 01.04.1983 and a copy of middle school certificate is attached as Annexure P/2. Marriage of the petitioners was solemnised on 21.12.2012 according to Hindu rites and rituals at Pashupati Nath, Shiv Mandir, Mansa Devi Road, Sector 4, Panchkula. The photographs of the marriage are attached as Annexures P/3. Respondent No. 4, who is the uncle of petitioner No. 1, is not accepting the marriage since petitioner No. 1 belongs to Nagra community and petitioner No. 2 belongs to Gadariya community and, thus, representation dated 26.12.2012 (Annexure P/4) has been sent to respondent No. 2 seeking protection of the life and liberty of the petitioners at the hands of the private respondent and his relatives.

2.

After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon''ble Apex Court in Lata Singh Vs. State of U.P. and another 2006 (2) SCC (Criminal) 478, the present petition is disposed of with direction to respondents No. 2 & 3 to look into the said issue and take necessary action in accordance with law and provide protection, if required.

3.

Petitioners are directed to appear before respondent No. 3, who shall verify the age of petitioner No. 1 and take necessary action in accordance with law. Petition stands disposed of.