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2025 DAILYLAW 59772 (PNJ)

POOJA KUMARI AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CRWP/5151/2025 · 2025-05-26

Harpreet Kaur Jeewan

body2025

Judgment text

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CRWP-5151-2025 (O&M) -1- 112 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-5151-2025 (O&M) DATE OF DECISION: 26.05.2025 POOJA KUMARI AND ANOTHER ......PETITIONERS Vs. STATE OF PUNJAB AND OTHERS .........RESPONDENTS CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Harsh Vasu Gupta, Advocate, for the petitioners. ***** HARPREET KAUR JEEWAN, J. (ORAL) [1] The prayer in the instant petition filed under Article 226 of the Constitution of India is for issuance of direction to respondents No. 2 and 3 to protect the life and liberty of the petitioners from the hands of private respondents No. 4 to 7 who have married against the wishes of private respondents. [2] The learned counsel for the petitioners submits that petitioner No.1-Pooja Kumari, aged about 19 years and petitioner No.2-Rajesh Kumar, aged about 21 years have got married on 14.05.2025 according to Hindu rites and ceremonies against the wishes of respondents No.4 to 7, who are the parents and others immediately relatives of petitioner No.1. The marriage certificate is annexed as Annexure P-3. However, they are apprehending threat from the hands of the private respondents No. 4 to 7. On 14.05.2025, the petitioners feeling imminent danger to their life and liberty approached respondents No.2-Senior Superintendent of Police, Nitin 2025.05.27 14:55 I attest to the accuracy and integrity of this document CRWP-5151-2025 (O&M) -2- Police District Khanna, District Ludhiana, and a written representation dated 14.05.2025 (Annexure P-5) has been submitted but till date no police protection has been provided to the petitioners and they are facing constant threat from the private respondents No. 4 to 7. [3] Notice of motion. [4] On the asking of the Court, Mr. Gorav Kathuria, D.A.G., Punjab, who is present in the Court accepts notice on behalf of respondent Nos. 1 to 3. [5] In view of the facts of the present case, this Court feels that issuance of notice to private respondents No. 4 to 7 would unnecessarily delay the proceedings, as such, issuance of notice to respondents No. 4 to 7 is dispensed with. [6] Keeping in view the innocuous prayer made, seeking written response from respondents No. 1 to 3 is also dispensed with. [7] In support of petitioners being major they have filed the photocopies of their Aadhar Cards (Annexures P-1 and P-2) wherein date of birth of petitioner No.1-Pooja Kumari has been mentioned as the year ‘2006’ and date of birth of petitioner No. 2-Rajesh Kumar has been mentioned as 27.12.2003. Apart from this, copy of the marriage certificate, marriage photographs and the representation, dated 14.05.2025 (Annexures P-3 to P-5, respectively) given to respondent No.2 have also been placed on record. [8] In view of this, the present petition is disposed of with a direction to respondent No.2-the Senior Superintendent of Police, Police District Khanna, District Ludhiana, to look into the representation dated Nitin 2025.05.27 14:55 I attest to the accuracy and integrity of this document CRWP-5151-2025 (O&M) -3- 14.05.2025 (Annexure P-5) qua threat perception and if there is any substance in it, take necessary steps, in accordance with law, to ensure that lives and liberty of petitioners is not jeopardized at the hands of the private respondents No. 4 to 7 or any other person. [9] This order may not be construed as an opinion regarding validity of the marriage alleged to have been solemnized by the petitioners. [10] Further, it is made clear that if any of the averments made in the petition is found to be incorrect, specifically with regard to age of the petitioners or the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, this order shall not be construed to be a bar on proceedings to be initiated as per law. [11] Pending miscellaneous application(s), if any, shall also stand disposed of. MAY 26, 2025 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether Reportable No Nitin 2025.05.27 14:55 I attest to the accuracy and integrity of this document