Kuldeep Kaur and another vs State of Punjab and others

SUDIP AHLUWALIA J. (ORAL)

Both the petitioners are present in person and identified by their counsel. They seek protection of their life and liberty by contending that both of

them having attained the age of majority, have married each other against the wishes of their respective family members respondent Nos.4 to 7, and

so seek appropriate protection from the authorities. They submitted a representation (Annexure P-5) in this regard to the Senior Superintendent of

Police, Patiala on 3rd April, 2018, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family

members-respondents.

Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in support of

which, Marriage Certificate issued by “Rama Krishana Mandir, Sector 19, Chandigarh†and photographs (Annexures P-3 and P-4) have been

placed on record.

For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view

of the mandate contained in Article 21 of the Constitution of India to protect the citizen's right to life and liberty.

Thus the Senior Superintendent of Police, Patiala is directed to consider the representation dated 3rd April, 2018 (Annexure P-5) and take

appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the

documents placed on record being their Aadhar Cards (Annexures P-1 and P-2.This would not ipso facto amount to granting any seal of approval on

the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled

for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable

offence(s).

The petition is disposed off with the above direction.