High Court Punjab-Haryana High Court

Gagandeep Singh And Another vs State Of Punjab And Others on 13 November, 2009

Punjab-Haryana High Court
Gagandeep Singh And Another vs State Of Punjab And Others on 13 November, 2009
CRM-M 32026 of 2009            -1-


IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

                               CRM Nos.57946 of 2009 and
                               CRM-M 32026 of 2009

                               Date of Decision: 13.11.2009

Gagandeep Singh and another
                                                 ..Petitioners.

Vs.

State of Punjab and others
                                                 ..Respondents.


CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN


Present :   Mr.Sanjiv Peter, Advocate for the petitioners.

RAKESH KUMAR JAIN, J. (Oral)

As per the averments made in the petition, the date of birth of

petitioner No.1 is 31.10.1987 as per his passport (Annexure P-1) and date

of birth of petitioner No.2 is 15.8.1987 as per her passport (Annexure P-2).

Both the petitioners are major and have got married on 19.10.2009 as per

Hindu Rites. Photographs of their marriage are attached as Annexure P-3

and marriage certificate is Annexure P-4.

Before coming to this Court, the petitioners had made a

representation (Annuxure P-5) to Senior Superintendent of Police,

Kapurthala for providing them security.

Though both the petitioners are major yet they are

apprehending danger to their lives and liberty at the hands of respondents

No.4 to 8 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
CRM-M 32026 of 2009 -2-

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 the 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.2 is 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 liberty of the petitioners

is found, he shall provide necessary protection to them.

The petition stands disposed of.




                                          (Rakesh Kumar Jain)
13.11.2009                                      Judge
Meenu