High CourtsSingle Bench(2020) 06 P&H CK 0032

Sukhdev Singh And Another vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 11 June 2020

HON’BLE JUDGES
Amol Rattan Singh, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 3656 Of 2020 (O&M)

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Judgment

8 paragraphs · 290 words

Amol Rattan Singh, J

All the cases listed today have been taken up for hearing by way of video conferencing because of the situation existing due to the Covid-19 pandemic.

The petitioners are seeking protection of their lives and liberty at the hands of respondents No.4 to 11, who are stated to be the parents and other immediate relatives of petitioner no.2, on account of the fact that they have married each other of their own free will, against the wishes of the said respondents on 04.06.2020. Photographs of what is stated to be a marriage ceremony have been annexed with the petition.

As regards proof of age of the petitioners, copies of their Aadhaar Card and Detailed Mark Sheet have been annexed with the petition as Annexures P-1 and P-2 respectively. Petitioner no.2 is admittedly below the legally marriageable age.

On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier.

Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without making any comment on the validity of the marriage, 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.

Since petitioner no.2 is admittedly below the legally marriageable age for females, proceedings under the provisions of the Prohibition of Child Marriage Act, 2006, shall be initiated as per law, immediately.

With the aforesaid observations, this petition is disposed of.