IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-25521 of 2011 (O&M)
Date of decision : 24.8.2011
Pooja Rani and another
....Petitioners
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present : Ms.Maninder Kaur, Advocate
for the petitioners.
.....
MAHESH GROVER, J.
Crl.Misc.No.45161 of 2011 is allowed.
This is a petition under Section 482 of the Code
of Criminal Procedure praying for directions to respondents No.2 to 4
to protect their life and liberty which is alleged to be in danger at the
hands of respondents No.5 and 6 on account of their having got
married against their parental consent.
Learned counsel for the petitioners contends that both the
petitioners are major. Regarding the age of petitioner No.2 only
affidavit has been filed. Since there are no means with this Court to
determine the age of the said petitioner, the Court does not wish to
comment upon the same and the factum that the petitioner No.2 is
major should also be verified by the respondent No.2.
Crl.Misc.No.M-25521 of 2011 (O&M) -2-
Even though this court is disinclined to entertain and to go
into such allegations, but at the same time it cannot be oblivious to
the fact that because of social friction and sectarian differences such
incidents are not entirely unheard of and prima facie the case also
appears to be covered by the observations of Supreme Court in Fiaz
Ahmed Ahanger & Ors. v. State of J & K 2009(3) R.A.J.692, which
are as under :-
“In such cases of intercaste or inter-religion marriage
the Court has only to be satisfied about two things :
(1) that the girl is above 18 years of age, in which
case, the law regards her as a major vide Section 3
of the Indian Majority Act, 1875. A major is
deemed by the law to know what is in his or her
welfare.
(2) The wish of the girl.
In the circumstances, we direct that nobody will
harass, threaten or commit any acts of violence or other
unlawful act on the petitioner, Chanchali Devi/Mehvesh
Anjum and the petitioner’s family members and they shall
not be arrested till further orders in connection with the
case in question. If they feel insecure, they can apply to
the police and, in such event, the police shall grant
protection to them.”
In view of this, the petition is disposed of with a direction
to respondent No.3 to look into the allegations as contained in the
petition personally and take necessary steps in accordance with law if
Crl.Misc.No.M-25521 of 2011 (O&M) -3-the situation so warrants.
This order shall not be construed to be conferring the
legitimacy or authenticity to the factum of marriage having been
performed as well as the age, as the Court is clearly deprived of any
means to determine the aforesaid facts.
Copy of the petition along with a copy of this order be sent
to respondent No.3.
24.8.2011 (MAHESH GROVER) JUDGE dss