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2025 DAILYLAW 61501 (PNJ)

SWATI CHOUDHARY AND ANOTHER v. UT OF CHANDIGARH AND OTHERS

CRWP/5391/2025 · 2025-05-23

Sanjay Vashisth

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA (112) Swati Choudhary & another State of Union Territory, Chandigarh & others CORAM : Present: SANJAY VASHISTH 1. Constitution of India, is for issuance of direction to the official respondents to provide protection of lives and liberty to the petitioners, who have married against the wishes of tabulated as under: Name(s) Age (in years) Date of marriage Rite Representation dated Submitted to Family members arrayed as IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Swati Choudhary & another Versus State of Union Territory, Chandigarh & others : HON'BLE MR.JUSTICE SANJAY VASHISTH Mr.N.K.Paul, Advocate for the petitioner (s). Mr.Tapan Masta, APP, U.T., Chandigarh, for respondent nos.1 to 3 with ASI Parvinder Singh, Police Station Sector 39, Chandigarh SANJAY VASHISTH, J. (Oral) Prayer in the instant petition, filed under Article 226 of the Constitution of India, is for issuance of direction to the official respondents to provide protection of lives and liberty to the petitioners, who have married against the wishes of the private respondents. The details, relevant for decision of the present petition, are tabulated as under:- Petitioner No. 1 Swati Choudhary Age (in years) 27 years Date of marriage 09.05.2025 Hindu rites Representation 09.05.2025 (Annexure P-5) Submitted to Respondent No.2-Senior Superintendent of Police, Chandigarh Family members Respondents No. 4 to 6 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-5391-2025 Decided on : 23.05.2025 ……Petitioner(s) Versus State of Union Territory, Chandigarh & others ……Respondent(s) HON'BLE MR.JUSTICE SANJAY VASHISTH , Advocate for the petitioner (s). Mr.Tapan Masta, APP, U.T., Chandigarh, for respondent nos.1 to 3 with ASI Parvinder Singh, Police Station Sector 39, Chandigarh Prayer in the instant petition, filed under Article 226 of the Constitution of India, is for issuance of direction to the official respondents to provide protection of lives and liberty to the petitioners, who have married the private respondents. The details, relevant for decision of the present petition, are Petitioner No. 2 Mayank Dhadwal 25 years Senior Superintendent of Police, Chandigarh ……Petitioner(s) ……Respondent(s) Mr.Tapan Masta, APP, U.T., Chandigarh, for respondent nos.1 to 3 with ASI Parvinder Singh, Police Station Sector 39, Chandigarh. Prayer in the instant petition, filed under Article 226 of the Constitution of India, is for issuance of direction to the official respondents to provide protection of lives and liberty to the petitioners, who have married The details, relevant for decision of the present petition, are SAILESH RANJAN 2025.05.27 09:33 I attest to the accuracy and integrity of this document (112) CRWP-5391-2025 -2- 2. It is pleaded in the petition that the petitioners have solemnized marriage against the wishes of their family members, who are threatening and interfering in the matrimonial life of the petitioners. It is the first marriage of both the petitioners. Hence, the petitioners are seeking protection in that regard and have approached this Court by way of filing the instant petition. They have also submitted a representation dated 09.05.2025 (Annexure P-5), to respondent No.2- Senior Superintendent of Police, Chandigarh, wherein, they have expressed their apprehension. 3. Notice of motion to the official respondents only. 4. On asking of the Court, learned State counsel accepts notice on behalf of the respondent – State. Let requisite copies of the complete paper book be supplied to learned State counsel during course of the day. 5. In view of the above, the present petition is disposed of with a direction to respondent No.2- Senior Superintendent of Police, Chandigarh, to look into the representation dated 09.05.2025 (Annexure P-5), qua threat perception, and if there is any substance in it, take necessary steps, in accordance with law, to ensure that the lives and liberty of the petitioners are not jeopardized at the hands of the private respondents. 6. However, this direction will not validate the marriage said to have taken place between the parties and will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law. (SANJAY VASHISTH) JUDGE May 23, 2025 Sailesh Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SAILESH RANJAN 2025.05.27 09:33 I attest to the accuracy and integrity of this document