Punjab-Haryana High Court
Gagandeep Kaur And Another vs State Of Punjab And Others on 9 July, 2010
Author: S.S. Saron
Bench: S.S. Saron
In the High Court of Punjab and Haryana at Chandigarh
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Criminal Misc. No.M-19408 of 2010
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Date of decision:9.7.2010
Gagandeep Kaur and another
.....Petitioners
v.
State of Punjab and others
.....Respondents
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Present: Mr. Arun Takhi, Advocate for the petitioners.
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S.S. Saron, J.
The petitioners are a newly married couple.
The present petition has been filed for directing S.H.O., Police Station, Kurali, District Mohali (respondent No.3) not to humiliate them or interfere in their matrimonial life at the behest of respondents No.4 and 5 who are the father and maternal uncle of petitioner No.1. A further prayer has been made for directing Senior Superintendent of Police, Mohali (respondent No.2) to protect their life and liberty from respondents No.4 and 5 by providing them security.
The petitioners had a liking for each other for the last about two years, therefore, they decided to solemnize their marriage amongst themselves. The marriage was solemnized by them at Arya Samaj Mandir, Sector 56, Palsora, Chandigarh on 6.7.2010 as per Hindu rites. As such both the petitioners are living as husband and wife. The marriage that has been solemnized, however, is against the wishes of the parents of petitioner No.1. A certificate of marriage dated 6.7.2010 (Annexure-P.1) issued by Cr. Misc. No.M-19408 of 2010 [2] the Arya Samaj Mandir (Regd.), Sector 56, Palsora, Chandigarh has been placed on record. The respondents No.4 and 5, who are the father and maternal uncle respectively of petitioner No.1 are against the marriage as it is an inter-caste marriage. Therefore, they and other relatives of petitioner No.1 are harassing and humiliating the petitioners and for which purpose they are taking the help of SHO, Kurali (respondent No.3). It is submitted that the relationship of the petitioners was well within the knowledge of respondents No.4 and 5, therefore, they were taking steps to marry her elsewhere. It is when respondents No.4 and 5 did not agree for the marriage of petitioner No.1 with petitioner No.2 that the petitioners decided to solemnize their marriage with each other.
The petitioners, it is stated, are major. The date of birth of petitioner No.1 as per her birth certificate (Annexure-P.2) issued under Section 12 of the Registration of Births and Deaths Act, 1969 is 24.1.1989. The date of birth of petitioner No.2 as per the Middle Standard examination certificate (Annexure-P.3) issued by the Department of Education, Chandigarh Administration (U.T.) is 5.10.1988. The photographs (Annexure-P.4) taken at the time of marriage have been placed on record. The petitioners submit that respondents No.4 and 5 appeared to have reported the matter to the SHO, Police Station Kurali (respondent No.3) who has started harassing the parents of petitioner No.2 and also raided the house of the petitioners on 6.7.2010 in the evening. Since the petitioners were not at home, respondent No.3 directed the father of petitioner No.2 to produce them in the Police Station otherwise the petitioners would be involved in a false case. Petitioner No.2 came to know of the raid from his Cr. Misc. No.M-19408 of 2010 [3] parents and, therefore, they are hiding themselves to save their life. The petitioners have also come to know that respondents No.4 and 5 and their relatives have been taking rounds of their house. They also went to the house of petitioner No.2 and used abusive language; besides, created a scene. They threatened the parents of petitioner No.2 saying that both the petitioners would not be spared. The petitioners apprehending danger to the life and liberty have also submitted a representation dated 7.7.2010 (Annexure-P.5) to the Senior Superintendent of Police, Mohali (respondent No.2) seeking directions to the SHO, Police Station Kurali (respondent No.3) not to interfere in their married life and a further direction to protect their life and liberty. Despite the said representation threat to the petitioners persists. Therefore, they have filed the present petition.
Both the petitioners are present in Court and are identified by their counsel. It is stated by petitioner No.1 that she has solemnized her marriage with petitioner No.2 of her own free will and desire and without any kind of pressure or undue influence. Besides, she is happy with her marriage.
In the afore-noticed facts and circumstances, the present criminal miscellaneous petition is disposed of with a direction to respondents No.2 and 3 that in case the petitioners approach any of them setting out their grievances as have been made in the present petition the same shall be duly considered and looked into by them independently and in accordance with law.
July 9, 2010. (S.S. Saron) Judge *hsp*