High CourtsSINGLE BENCH(2017) 06 P&H CK 0062

Vivek Kumar and another vs State of Punjab and others

Punjab And Haryana At Chandigarh · Decided on 12 June 2017

HON’BLE JUDGES
Amol Rattan Singh
CASE NUMBER
21694 of 2017

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Judgment

31 paragraphs · 361 words
1.

The petitioners, who are present in the Court, are seeking

protection of their lives and liberty at the hands of respondents no.4 and 5,

who are stated to be the father and brother of petitioner no.2, on account of

the fact that they have married each other of their own free will on 8.6.2017.

Photographs of what is stated to be a marriage ceremony have been annexed

with the petition.

2.

In support of proof of age of petitioner no.1, though a copy of

the Aadhar Card has been annexed with the petition, however,his PAN Card

issued by the Income Tax Department has been produced in Court, showing

his date of birth to be 7.6.1996, thus making him slightly above 21 years of

age.

3.

As regards petitioner No.2, though a copy of the Aadhar Card

has been annexed with the petition, however, her Matriculation Examination

Certificate issued by the Punjab School Education Board has been produced

in Court, showing her date of birth to be 4.9.1994, thus making her about 22

years and 9 months of age.

4.

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. He states that he has

obtained specific instructions from the petitioners in that regard.

5.

Consequently, since protection of lives and liberty is a

fundamental right of every citizen enshrined in Article 21 of the

Constitution of India, 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.

6.

However, 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, or with regard to their age, this order shall not

be construed to be a bar on any proceedings initiated as per law.