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2025 DAILYLAW 72197 (PNJ)

SAJAN AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CRWP/6884/2025 · 2025-06-27

Kuldeep Tiwari

body2025

Judgment text

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CRWP-6884 IN THE HIGH COURT OF PUNJAB AND HARYANA (130) Sajan and another State of Punjab CORAM: Present: KULDEEP TIWARI 1. Constitution of India, the petitioners have sought issuance of directions upon the respondents No. hands of private respondents respondents from harassing the petitioners or interfering in their married life. 2. petitioners have attained the minimum age, as prescribed by statute, for solemnizing marriage, therefore, they have lawfully solemnized their marriage, however, it has caused grievance to the private respondents concerned. Such grievance of the private respondents concerned has made them apprehensive of danger to their lives and liberty and resultantly, it has constrained them to approach this Court, to seek protection of their lives and liberty. 3. No.1 is of 2 submission, which are annexed as Annexures P criminal writ petition. marriage of the petitioners are available on record respectively as Annexures P 6884-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH and another Versus Punjab and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Sarvesh Kumar Gupta, Advocate Mr. Hardeep Singh Brar, Advocate for the petitioners. Mr. Sahil R. Bakshi, AAG, Punjab. **** KULDEEP TIWARI, J.(Oral) Through the instant petition, as filed under Article 226 Constitution of India, the petitioners have sought issuance of directions upon the respondents No.1 to 3, to ensure protection of their lives and liberty at the hands of private respondents No.4 to 6, and, also to restrain the said private respondents from harassing the petitioners or interfering in their married life. The learned counsel for the peti petitioners have attained the minimum age, as prescribed by statute, for solemnizing marriage, therefore, they have lawfully solemnized their marriage, however, it has caused grievance to the private respondents . Such grievance of the private respondents concerned has made them apprehensive of danger to their lives and liberty and resultantly, it has constrained them to approach this Court, to seek protection of their lives and Learned counsel for the petitione 26 years and the petitioner No.2 is of submission, he has placed reliance on Aadha ch are annexed as Annexures P-1 and P writ petition. The marriage certificate and photographs evidencing marriage of the petitioners are available on record respectively as Annexures P-3 and P-4. The petitioners have also submitted a representation 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-6884-2025 Date of Decision : 27.06.2025 …Petitioners Versus ...Respondents KULDEEP TIWARI Advocate and Mr. Hardeep Singh Brar, Advocate AG, Punjab. Through the instant petition, as filed under Article 226 of the Constitution of India, the petitioners have sought issuance of directions upon 3, to ensure protection of their lives and liberty at the and, also to restrain the said private respondents from harassing the petitioners or interfering in their married life. The learned counsel for the petitioners states that since both the petitioners have attained the minimum age, as prescribed by statute, for solemnizing marriage, therefore, they have lawfully solemnized their marriage, however, it has caused grievance to the private respondents . Such grievance of the private respondents concerned has made them apprehensive of danger to their lives and liberty and resultantly, it has constrained them to approach this Court, to seek protection of their lives and the petitioners submits that the petitioner o.2 is of 19 years. To substantiate his reliance on Aadhaar Cards of both the petitioners 1 and P-2, respectively, with the instant The marriage certificate and photographs evidencing marriage of the petitioners are available on record respectively as The petitioners have also submitted a representation of the Constitution of India, the petitioners have sought issuance of directions upon 3, to ensure protection of their lives and liberty at the and, also to restrain the said private respondents from harassing the petitioners or interfering in their married life. tioners states that since both the petitioners have attained the minimum age, as prescribed by statute, for solemnizing marriage, therefore, they have lawfully solemnized their marriage, however, it has caused grievance to the private respondents . Such grievance of the private respondents concerned has made them apprehensive of danger to their lives and liberty and resultantly, it has constrained them to approach this Court, to seek protection of their lives and rs submits that the petitioner his r Cards of both the petitioners, instant The marriage certificate and photographs evidencing marriage of the petitioners are available on record respectively as The petitioners have also submitted a representation MANPREET SINGH 2025.06.27 15:04 I attest to the accuracy and authenticity of this order/judgment CRWP-6884 dated 26.06.2025 District Hoshiarpur 4. petitioners, whether, bo first marriage, to which, he answered petitioner No.2, and second marriage of the petitioner No.1 the first marriage of the petitioner No.1, there i petitioner No.1, has already obtained the decree of divorce under Section 13-B of the Hindu Marriage Act, 1955, on dated 10.10.2023, passed by the learned trial Court, Pathankot. 5. 6. accepts notice on behalf of the official respondent(s). 7. value of the documents placed on the file, the in with a direction to respondent N District Hoshiarpur petitioners and grant them protection, if any threat to their lives and liberty is perceived. 8. to the petitioners from legal action for violation of law, if any, committed them. This order shall not be understood to have expressed any opinion whatsoever, 9. June 27, 2025 Manpreet 6884-2025 26.06.2025 (Annexure P-5) to the Senior Superintendent of Hoshiarpur, respondent No.2. This Court has put a specific query to learned counsel for the petitioners, whether, both the petitioners are major and whether, it is their first marriage, to which, he answered that it is the first marriage of the petitioner No.2, and second marriage of the petitioner No.1 the first marriage of the petitioner No.1, there i petitioner No.1, has already obtained the decree of divorce under Section B of the Hindu Marriage Act, 1955, on dated 10.10.2023, passed by the learned trial Court, Pathankot. Notice of motion to the official On the asking of the Court, Mr. accepts notice on behalf of the official respondent(s). Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, the in with a direction to respondent No.2 - Senior Superintendent of Police, District Hoshiarpur, to decide the representation (Annexure petitioners and grant them protection, if any threat to their lives and liberty is It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed them. This order shall not be understood to have expressed any opinion , by this Court on the validity of the marriage of the petitioners. Petition stands disposed of accordingly. 2025 Whether speaking/reasoned Whether reportable 2 Senior Superintendent of Police, This Court has put a specific query to learned counsel for the th the petitioners are major and whether, it is their that it is the first marriage of the petitioner No.2, and second marriage of the petitioner No.1. However, out of the first marriage of the petitioner No.1, there is no child. Furthermore, the petitioner No.1, has already obtained the decree of divorce under Section B of the Hindu Marriage Act, 1955, on dated 10.10.2023, passed by the Notice of motion to the official respondent(s) only. Mr. Sahil Bakshi, AAG, Punjab accepts notice on behalf of the official respondent(s). Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, the instant petition is disposed of Senior Superintendent of Police, to decide the representation (Annexure P-5) of the petitioners and grant them protection, if any threat to their lives and liberty is It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order shall not be understood to have expressed any opinion by this Court on the validity of the marriage of the petitioners. of accordingly. (KULDEEP TIWARI) JUDGE Whether speaking/reasoned : Yes/No : Yes/No Police, This Court has put a specific query to learned counsel for the th the petitioners are major and whether, it is their that it is the first marriage of the However, out of the petitioner No.1, has already obtained the decree of divorce under Section B of the Hindu Marriage Act, 1955, on dated 10.10.2023, passed by the AG, Punjab, Without entering upon an exercise to evaluate the evidentiary stant petition is disposed of Senior Superintendent of Police, ) of the petitioners and grant them protection, if any threat to their lives and liberty is It is clarified that this order shall not be taken to grant immunity by them. This order shall not be understood to have expressed any opinion MANPREET SINGH 2025.06.27 15:04 I attest to the accuracy and authenticity of this order/judgment