Sandeep Kaur And Another vs State Of Punjab And Others

Amol Rattan Singh, J

By this petition, the petitioners seek protection of life and liberty at the hands of respondents no.4 and 5, upon the petitioners having married each other (as contended) against the wishes of the said respondents, on 12.05.2022.

On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited rela-tionship to each other, nor has any of them been married earlier. She states that she has obtained specific instructions from the petitioners in that regard.

Consequently, since protection of life and liberty is a funda-mental right of every citizen under Article 21 of the Constitution of India, without making any comment whatsoever on the validity of the marriage, or otherwise, this petition is disposed of with a direction to respondents no.2 and 3 to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents, or at their behest.

Learned counsel for the petitioners has placed on record a copy of the Elementary School Certificate of petitioner No.1 (Annexure P-2), showing her date of birth to be 20.03.2022.

Since there is no firm proof of age of petitioner No.2 other than his Aadhar Card, which is actually not a firm proof of age, if peti-tioner No.2 is found to be below the marriageable age in terms of the pro-visions of the Prohibition of Child Marriage Act, 2006, this order shall not be construed to be a bar on any proceedings initiated under that Act, the offences committed under the provisions of that Act being cognizable in terms of Section 15 thereof.

Further, it is made clear that if any of the averments made in the petition is found to be incorrect, specifically with regard to either the petitioners being in any prohibited relationship to each other, or as regards their previous marital status, this order shall not be construed to be a bar on proceedings initiated as per law.