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Judgment
Arun Kumar Tyagi, J
(The case has been taken up for hearing through video conferencing.)
The petitioners, claiming themselves to be aged about 18 and 20 years respectively, have approached this Court seeking protection of their life and
liberty on the averments that the petitioners performed marriage on 29.01.2021 at Gurudwara Baba Deep Singh Ji Shaheed, Shish Mahal, Colony,
Patiala as per Sikh rites and ceremonies against the wishes of respondents No.4 to 7 and the petitioners are apprehending threat to their life and liberty
at their instance.
In view of nature of relief sought, issuance of notice to the respondents is considered to be unnecessary.
The petitioners, who are present through video conferencing, have on being questioned by the Court admitted having solemnized marriage and
reiterated their prayer for protection as mentioned in the petition.
In the present case petitioner No.2 aged about 20 years has claimed to have performed marriage with petitioner No.1 in accordance with Sikh 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. In any case, 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.
Even otherwise, law validates and recognizes live-in-relationship in the nature of marriage and the petitioners are entitled to protection of their life and
liberty in that eventuality also.
In these facts and circumstances the petition is disposed of with the directions to respondent No.2-Senior Superintendent of Police, Mansa to look into
the grievances of the petitioners as set out in the petition and also expressed in the representation dated 29.01.2021 (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 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, Mansa for requisite compliance.