In the High Court for the States of Punjab and Haryana at Chandigarh.
CRM 55270 of 2009&
CRM-M 30459 of 2009 (O&M)
Decided on 30.10.2009.
Rajni and another -- Petitioners
vs.
State of Punjab and others --Respondents.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr. J.S.Dadwal,Advocate,for the petitioners
.
Rakesh Kumar Jain, J: (Oral)
CRM 55270 of 2009
Allowed as prayed.
CRM-M 30459 of 2009
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 protect
their lives and liberty which is alleged to have been threatened at the
hands of respondent Nos. 4 to 6 as they have got married against their
wishes.
It is averred in the petition that petitioner No.1 (Rajni) is
22 years old having been born on 19.07.1987 as per Identity Card
(Annexure P-6) whereas petitioner No.2 (Jaskaran Singh) is 26 years
old having been born on 11.8.1983 as per Middle Standard
Examination Certificate (Annexure P-2). It is alleged that they have
CRM-M 30459 of 2009 -2-
solemnized their marriage on 25.10.2009 at Arya Samaj Mandir, Sector
56, Palsora, Chandigarh, as per Marriage Certificate (Annexure P-4).
Photographs of marriage are also appended as Annexure P-3. It is
also alleged that they have moved an application (Annexure P-5) to
S.S.P, Nawahshahr for the purpose of protection, but no action was
taken.
Learned counsel for the petitioners submits that as the
petitioners are from different castes and have married against the
wishes of parents of petitioner No.1, therefore, they are apprehending
danger to their lives and liberty. Learned counsel has cited 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”,
CRM-M 30459 of 2009 -3-
After hearing the learned counsel for the petitioners and
considering the law laid down by the Apex Court, I allow this petition
and direct respondent Nos. 1 to 3, in particular respondent No.2, to
look into the representation (Annexure P-5) dated 26.10.2009, which is
alleged to have been given by the petitioners to him for providing them
adequate security to protect their lives and liberty at the hands of
respondent Nos. 4 to 6 and in case any truth is found in their
representation, police protection be provided to the petitioners.
With these directions, the petition stands disposed of.
30.10.2009 (Rakesh Kumar Jain) RR Judge