Sapna and Another vs State of Haryana and Others

S.S. Saron, J.—In para 6 of the petition it is mentioned that both the Petitioners performed their marriage at Swayamvar Sanskar Foundation (Regd. No. 4041), Sector 30-B, Chandigarh in accordance with Hindu rites and religions. However, in terms of the marriage certificate (Annexure-P.4) the place of marriage is at Maharishi Balmiki Mandir, Sector 24-C, Chandigarh. The certificate has been issued by the Swayamvar Sanskar Foundation, Chandigarh and it is mentioned as Swayamvar Sanskar Foundation (Regd. No. 4041), Sector 30-B, Chandigarh. Therefore, the marriage was not solemnized at Sector-30-B, Chandigarh but at Maharishi Balmiki Mandir, Sector 24-C, Chandigarh.

Learned Counsel for the Petitioners submits that this is only a typographical mistake as the office of the Trust is in Sector 30-B, Chandigarh and that is an inadvertent mention of the place of marriage. In fact, the marriage has been solemnized at Maharishi Balmiki Mandir, Sector 24-C, Chandigarh.

Both the Petitioners are present in Court and are identified by their counsel. It is stated by Petitioner No. 1 that their marriage was solemnized at Maharishi Balmiki Mandir, Sector 24-C, Chandigarh. Besides, she has solemnized her marriage with Petitioner No. 2 of her own free will and desire and without any kind of pressure or undue influence. It is also stated that she is happy with her marriage. Besides, both the Petitioners have stated that they were not earlier married.

The photographs (Annexure-P.3) taken at the time of marriage and the marriage certificate (Annexure-P.4) issued by Swayamvar Sanskar Foundation have been placed on record. On account of the marriage that has been solemnized, the Petitioners apprehend danger to their life and liberty from Respondents No. 4 to 6, who are the parents and relative respectively of Petitioner No. 1. Therefore, the Petitioners submitted an application dated 6.12.2010 (Annexure-P.5) to Superintendent of Police, Panipat (Respondent No. 2) with a copy to SHO, Police Station Model Town, Panipat (Respondent No. 3) praying for protecting their life and liberty from the parents (Respondents No. 4 and 5) and also Mohan Lal (Respondent No. 6) their relative. Despite the said representation, the threat to them persists.

It is submitted that both the Petitioners are major. The date of birth of Petitioner No. 1 as per her Middle standard examination certificate (Annexure-P.1) issued by the Board of School Education Haryana is 28.11.1989 and that of Petitioner No. 2 as per his Middle examination certificate (Annexure-P.2) issued by the aforesaid Board is 1.8.1980. The averments made in the petition are supported by separate affidavits of both the Petitioners.

In the circumstances, the present criminal miscellaneous petition is disposed of with a direction to Respondents No. 2 and 3 that in case the Petitioners approach any of them setting out their grievances as have been made in the present petition the same shall be duly considered and looked into by them independently and in accordance with law.