Sewa Singh and Another vs The State of Haryana and Others

S.S. Saron, J.—The Petitioners had a liking for each other and they decided to get married amongst themselves. The Petitioners belong to different castes but same religion. Their parents were not aggreeable to the marriage. The parents (Respondents No. 4 and 5) of Petitioner No. 2, it is alleged, were trying to forcibly marry her to someone else against her wishes. Therefore, the Petitioners have on their own solemnized their marriage amongst themselves on 22.11.2010 at Balmiki Mandir, Sector 24, Chandigarh.

A copy of the Marriage Certificate (Annexure P-3) issued by Swayamvar Sanskar Foundation regarding the solemnization of the marriage at Maharishi Balmiki Mandir, Sector 24, Chandigarh, as also the photographs (Annexure P-4) taken at the time of marriage have been placed on record.

After the marriage, the Petitioners were to settle at Kurukshetra in a separate accommodation of Petitioner No. 1. The parents (Respondents No. 4 and 5) of Petitioner No. 2 and the parents (Respondents No. 6 and 7) of Petitioner No. 1 threatened the Petitioners with dire consequences.

The Petitioners have also submitted an application dated 22.11.2010 (Annexure P-5) to the Senior Superintendent of Police, Kurukshetra (Respondent No. 2) for protecting their life and liberty. However, despite the said application, the Petitioners apprehend danger to their life and liberty.

It is submitted that both the Petitioners are major. The date of birth of Petitioner No. 1 as per his Middle Standard Examination Certificate (Annexure P-1) issued by the Board of School Education, Haryana is 30.01.1982 and that of Petitioner No. 2 as per her Middle Standard Examination (Annexure P-2) issued by the aforesaid Board is 12.02.1990. The submissions made in the petition are also supported by a joint affidavit of both the Petitioners.

The Petitioners are present in Court and identified by their counsel. It is stated by Petitioner No. 2 that she has solemnized the marriage with Petitioner No. 1 of her own free will and desire and without any kind of pressure or undue influence. Besides, she is happy with her marriage. It is stated by both the Petitioners that they were not earlier married.

Keeping in view the facts and circumstances of the case, the 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 would be looked into and duly considered by them independently and in accordance with law.