CRM-M 31258 of 2009 (O&M) 1
In the High Court for the States of Punjab and Haryana at Chandigarh.
CRM-M 31258 of 2009 (O&M)
Decided on 06.11.2009.
Mandeep Kaur and another -- Petitioners
vs.
State of Punjab and others --Respondents.
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.Lakhwinder Singh Mann,Advocate,for the petitioners
Rakesh Kumar Jain, J: (Oral)
This is a petition under Section 482 of Code of Criminal
Procedure, 1973 (for short, ‘Cr.P.C.’) vide which the petitioners have
sought a direction from this Court to respondent Nos. 1 to 3 to provide
them security to protect their lives and liberty which is being threatened
at the hands of respondent Nos. 4 to 7 because they have got married
against their wishes.
It is alleged in the petition that petitioner No.1 (Mandeep
Kaur) is 26 years of age having been born on 10.6.1983 as per
matriculation certificate (Annexure P-1) and Mohanjeet Singh
(Petitioner No.2) is 27 years of age having been born on 14.6.1982 as
per matriculation certificate (Annexure P-2). Both of them have got
married according to Sikh rites in Gurudwara Dehra Sahib, Satkartaria,
District Gurdaspur on 19.10.2009 as per marriage certificate (Annexure
CRM-M 31258 of 2009 (O&M) 2
P-3). Photographs of marriage are also appended as Annexure P-4.
Since petitioner No.1 has married against the wishes of her
parents and were apprehending danger to their lives and liberty, she
had moved an application (Annexure P-5) dated 20.10.2009 to S.S.P.
Gurdaspur and S.H.0 Police Station, Dina Nagar, District Gurdaspur,
for giving them police protection.
Learned counsel for the petitioners has relied upon a
decision of the Supreme Court in the Case of Lata Singh Vs. State
of U.P. and another (2006) 5 SCC 475 in which it is held that ” Once
a person becomes a major, he or she can marry whosoever he/she
likes. If the parents of the boy or girl do not approve of such inter-
caste or inter-religious marriage, the maximum they can do is that they
can cut off social relations with the son or the daughter, but they
cannot give threats or commit or instigate acts of violence and cannot
harass the person who undergoes such inter-caste or inter-religious
marriage. We,therefore, direct that the administration/police authorities
throughout the country will see to it that if any boy or girl who is a
major undergoes inter-caste or inter- religious marriage with a woman
or man who is a major, the couple is not harassed by any one nor
subjected to threats or acts of violence, and anyone who gives such
threats or harasses or commits acts of violence either himself or at
his instigation, is taken to task by instituting criminal proceedings by
the police against such persons and further stern action is taken
against such persons as provided by law”.
After hearing the learned counsel for the parties and
keeping in view the facts and circumstances of the case, I allow this
CRM-M 31258 of 2009 (O&M) 3
petition and direct respondent Nos. 1 to 3 and particularly respondent
No.2. to look into the representation of the petitioners (Annexure P-5)
which is alleged to have been given to him by petitioner No.1 on
20.10.2009 and in case of any danger/threat, provide them adequate
security to protect their lives and liberty at the hands of respondent
Nos. 4 to 7.
The petition stands disposed of with the aforesaid
direction.
06.11.2009 (Rakesh Kumar Jain) RR Judge