Punjab-Haryana High Court
Tanu Bala And Another vs State Of Haryana And Others on 15 May, 2012
Author: Rameshwar Singh Malik
Bench: Rameshwar Singh Malik
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-13835 of 2012 (O&M)
Date of Decision: 15.5.2012
Tanu Bala and another
--Petitioners.
Vs.
State of Haryana and others
--Respondents.
CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK
Present : Mr. H.S.Bajwa, Advocate
for the petitioners.
****
RAMESHWAR SINGH MALIK J. (ORAL)
Both the petitioners are present in the Court and identified by their counsel.
Learned counsel for the petitioners submits that both the petitioners have married each other of their own free will but against the wishes of private respondents No. 4 to 6. However, petitioner No.1 is yet to complete her age as 18 years. Learned counsel for the petitioners also submits that since she has reached the age of discretion, she is entitled for seeking protection to life and liberty.
Learned counsel for the petitioners further submits that apprehending danger to their life and liberty at the hands of private respondents No. 4 to 6, petitioners moved a representation dated 25.4.2012 (Annexure P-6) before the Superintendent of Police, Fatehabad- respondent No.2, but no action thereon is being taken so far.
In view of the above and to secure the ends of justice, petitioners are directed to appear before the Superintendent of Police, Fatehabad-respondent No.2, who shall consider the threat perception Criminal Misc. No. M-13835 of 2012 (O&M) 2 raised by the petitioners, vide their representation dated 25.4.2012 (Annexure P-6), dispassionately and expeditiously passing an appropriate order thereon, a warranted by law, so as to ensure that no harm is caused to the life and liberty of the petitioners at the hands of private respondents No. 4 to 6.
However, lest this order is misunderstood, it is clarified that this order shall not mean that the petitioners had reached the age of marriage, as required by the law applicable to them, at the time of their marriage or that their marriage is legal as per the relevant provisions of law. I say so because neither it is the issue involved in the present petition nor this Court is putting its seal of approval on the validity of marriage of the petitioners. In fact, it is the domain of the matrimonial Court of competent jurisdiction, to decide the validity of the marriage and that too on the basis of the pleadings taken and the evidence led by the parties in the given circumstances of each case.
It is also made clear that this order shall not entitle the petitioners for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognizable offence. In case the petitioners had committed any offence, the law will take its own course.
With the observations made above, the present petition stands disposed of.
(RAMESHWAR SINGH MALIK) JUDGE 15.5.2012 AK Sharma