CRWP-7750-2026 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 122 CRWP-7750-2026 Decided on : 13.07.2026 Simran Kaur . . . Petitioner(s) Versus State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Manpinder Kaur, Advocate, for the petitioner(s) (along with minor detenue ‘Simran Kaur’). Mr. Manjinder S. Bhullar, DAG, Punjab. Ms. Suman Kumari, Advocate, for respondents No.4 to 6 (along with respondents No.4 & 5 present in-person). **** SANJAY VASHISTH , J. (Oral) 1. In the present petition, on 03.07.2026, following order was passed:- “1. Petitioner – Simran Kaur, aged 17 years, has filed present petition, through her aunt Mamta, seeking issuance of direction to respondent Nos.2 and 3, to protect her life and liberty from her own parents, brother and maternal uncle, i.e. respondent Nos.4 to 7. 2. Counsel for the petitioner submits that petitioner is a minor and her family members are exerting undue pressure upon her to marry an unknown person, who is considerably older than her. It is further submitted that petitioner is wholly unwilling to enter into the proposed marriage and has repeatedly requested her parents not to compel her to solemnize such an illegal marriage. It is further submitted that petitioner has, on several occasions, been physically assaulted, subjected to verbal abuse in filthy language, and threatened with dire consequences by her family members for refusing to consent to the marriage proposed by the elders of the family. JAWALA RAM 2026.07.13 16:49 I attest to the accuracy and authenticity of this document CRWP-7750-2026 - 2 - 3. Counsel further submits that, in these circumstances, petitioner has already submitted representation/complaint dated 26.06.2026 (Annexure P-1) to the Senior Superintendent of Police, Moga, seeking protection and appropriate action. However, despite said representation, no action has been taken by the concerned authorities till date. 4. Notice of motion. 5. On advance notice, Mr. Vinay Malhotra, DAG, Punjab, puts an appearance on behalf of the respondent/State. 6. List again on 08.07.2026. 7. Let respondent Nos.4 to 7 be served through the SHO, Police Station Bagha Purana, District Moga, to inform the next date of hearing fixed before this Court. 8. Respondent Nos.4 to 7 are directed to remain present before this Court, on the next date of hearing. 9. To be taken up at 12.00 noon.” 2. Thereupon, on 08.07.2026, following was recorded:- “1. At the outset, in compliance with the order dated 03.07.2026 passed by this Court, learned State counsel has filed reply dated 07.07.2026 by way of an affidavit of Mr. Jasbinder Singh, DSP, Sub-Division Baghapurana, District Moga, on behalf of respondents No.1 to 3, in Court today. The same is taken on record. Office to tag the same at the appropriate place. A copy thereof has been handed over to the learned counsel for the petitioner. 2. In compliance to order dated 03.07.2026, respondents No.4 to 6 are present in-person before this Court, and as per respondent No.4, respondent No.7 could not come present, he being unwell. 3. On being asked by this Court, respondents No.4 & 5, who are parents of the petitioner – Simran Kaur, submits that their daughter is minor and was allured by one boy – Gurpreet Singh and Mamta, who has filed present protection petition on behalf of their daughter – Simran Kaur, is Aunt (Mausi) of said Gurpreet Singh. The minor girl has been taken away by said Gurpreet Singh to his house. 4. To find out the truth, let petitioner – Simran Kaur (minor aged 17 years) and Mamta (aged 46 years) w/o Tarsem Singh, r/o JAWALA RAM 2026.07.13 16:49 I attest to the accuracy and authenticity of this document CRWP-7750-2026 - 3 - H.No. 89, Mohalla Khai, Dharamkot, Moga, District Moga (M.No. 87258-52089), be also remain present in Court on the next date of hearing. 5. Learned counsel for the petitioner shall ensure the compliance of Court’s direction. 6. List again on 13.07.2026. To be shown in the urgent list. Private respondents, who are present in-person in Court today, shall remain present in Court on the next date of hearing as well.” 3. In compliance with the order dated 08.07.2026, petitioner – Simran Kaur (minor, aged 17 years), and her aunt, namely, Mamta w/o Tarsem Singh, are present in person before this Court today. On the other hand, private respondents No.4 and 5, i.e., father and mother of the petitioner, are also present in person along with their learned counsel. 4. Some deliberations were held with minor petitioner in the Chamber, in the presence of the lady Court staff, namely, Ms. Anmol Sharma and Ms. Surekha (Law Researchers). During the course of deliberations, it emerged that petitioner is a minor and there is no material to suggest that she has any relationship with the boy residing in the neighbourhood. Although there is nothing on record to indicate any relationship between the two, her parents (private respondents No.4 and 5), apprehending otherwise, are pressuring her to marry one boy, namely, Deepu. However, petitioner wishes to continue her studies and is not interested in marrying the said boy. It further emerged that, due to the aforesaid circumstances, the petitioner had left her parental house and was residing with Mamta, whom JAWALA RAM 2026.07.13 16:49 I attest to the accuracy and authenticity of this document CRWP-7750-2026 - 4 - she has been addressing as her "Mausi/Aunty". However, said Mamta also cannot be permitted to keep the minor petitioner with her, particularly when she is only distantly acquainted with the family of Gurpreet Singh. 5. On being specifically asked by the Court, it has also been clarified that the said Mamta has no relationship, whatsoever with said Gurpreet Singh. 6. At this stage, learned State counsel has filed the reply dated 07.07.2026 by way of affidavit of Jasbinder Singh, PPS, DSP, Sub-Division Baghapurana, Distrcit Moga, on behalf of respondents No.1 & 3, in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. 7. Be that as it may, this Court is of the considered view that being a minor, petitioner is not legally competent to take an independent decision regarding settlement of her life with any person. Accordingly, minor petitioner shall be kept in Nari Niketan, Jalandhar, until she either attains the age of majority, i.e., 18 years, or her parents take her back to their house after furnishing an undertaking before the competent authority that she shall neither be compelled to marry against her wishes nor be prevented from continuing her studies. In the event petitioner is taken back by her parents, respondent No.2 – Senior Superintendent of Police, Moga, shall ensure that a monthly report regarding her well-being is obtained through the concerned police officer and placed on record of the concerned authority. It is made clear that if it is found that petitioner is being JAWALA RAM 2026.07.13 16:49 I attest to the accuracy and authenticity of this document CRWP-7750-2026 - 5 - subjected to any undue pressure or coercion by her parents or any other person to solemnize marriage against her wishes, appropriate action shall be taken against the person(s) responsible, strictly in accordance with law. 8. At this stage, learned State counsel has furnished the names of two lady police officials, namely, ASI Binder Kaur No.651/Moga (Mobile No.80541-00565) and Lady Constable Harbans Kaur No.259/Moga (Mobile No.79733-08750). The aforesaid officials are directed to ensure due compliance of today’s order and to facilitate admission of the minor petitioner – Simran Kaur, in Nari Niketan, Jalandhar. 9. Petition stand disposed of in above terms. Pending misc. application(s), if any, also stand disposed of. 10. Copy of this order be handed over to Mr. Manjinder S. Bhullar, DAG, Punjab, who is present in Court, for its further transmission to the concerned lady police officials, under the signatures of the Bench Secretary of this Court. (SANJAY VASHISTH) JUDGE July 13, 2026 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2026.07.13 16:49 I attest to the accuracy and authenticity of this document