Crl. Misc. No.59908 of 2009 and -1-
CRM-M-33191 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Crl. Misc. No.59908 of 2009
and CRM-M-33191 of 2009
DATE OF DECISION: 25.11.2009
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Manjit Kaur and another . . . . Petitioners
VS.
The S.S. P. Amritsar and others . . . . Respondents
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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.B.S. Jaswal, Advocate for the petitioners.
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RAKESH KUMAR JAIN J. (ORAL)
Crl. Misc. No.59908 of 2009 and
Allowed as prayed for.
CRM-M-33191 of 2009
As per the averments made in the petition, petitioner No.1
is 21 years of age having been born on 26.6.1987 as per her school
certificate (Annexure P-1) and petitioner No.2 is 26 years of age
having been born on 12.12.1983 as per his passport (Annexure P-2).
Both the petitioners are major. It is stated that they have performed
marriage as per Sikh Rites and ceremonies on 15.11.2009.
Photographs of their marriage are appended as Annexure P-3 &
Annexure P-4.
Before coming to this Court, the petitioners have also
approached Senior Superintendent of Police, Amritsar and Station
Crl. Misc. No.59908 of 2009 and -2-
CRM-M-33191 of 2009
House Officer, Police Station, Chhaharta, Amritsar (respondent Nos.1
& 2 ) for providing them Security.
Though both the petitioners are major, yet they are
apprehending danger to their lives at the hands of respondent Nos.3
and 4 as they have married against their wishes.
Counsel for the petitioners relies upon a decision of the
Supreme Court in “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 anyone 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 counsel for the petitioners and keeping in
view the facts and circumstances of the case particularly the fact that
both the petitioners are major, respondent No.1 & 2 are directed to
look into the representation (Annexure P-5) and if the facts stated in
the application are found to be correct and any danger to the lives and
Crl. Misc. No.59908 of 2009 and -3-
CRM-M-33191 of 2009
liberty of the petitioners is found, they shall provide necessary
protection to them.
The petition stands disposed of.
(RAKESH KUMAR JAIN)
NOVEMBER 25, 2009 JUDGE
Vivek