Punjab and Haryana High Court
CRM-M/44483/2015 of NEERAJ KUMARI AND ANR Vs STATE OF HARYANA AND ORS on 31 December 2015
1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-44483 of 2015 Date of decision :31.12.2015 Neeraj Kumari and another ....Petitioners Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present : Mr.Deepanshu Matya, Advocate for the
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IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH
Crl.Misc.No.M-44483 of 2015Date of decision :31.12.2015
Neeraj Kumari and another
_ ...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR.JIUSTICEK MAHESH GROVE
Present : Mr.Deepanshu Matya, Advocatefor the petitioners.
MAHESH GROVER, J.
This is a petition under Section 482 of the Code ofCriminal Procedure praying for directions to respondents No.2to 4 to protect their life and liberty which is alleged to be indanger at the hands of respondents No.5 and 6 on account oftheir having got married against their parental consent.
Learned counsel for the petitioners contends thatboth the petitioners are major. Even though this court isdisinclined to entertain and to go into such allegations, but atthe same time it cannot be oblivious to the fact that because ofsocial friction and sectarian differences such incidents are notentirely unheard of and prima facie the case also appears to becovered by the observations of Supreme Court in.Fiaz AhmedAhanger & Ors. v. State of J & K2009(3) R.A.J.692, which are as under :- “In such cases of intercaste orinter-religion marriage the Court has only tobe satisfied about two things :
(1) that the girl is above 18years of age, in which case, the law regardsher as a major vide Section 3 of the IndianMajority Act, 1875. A major is deemed bythe law to know what is in his or herwelfare.
(2) The wish of the girl.
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In the circumstances, we directthat nobody will harass, threaten or commitany acts of violence or other unlawtul act onthe petitioner, Chanchali Devi/MehveshAnjum and the petitioner's family membersand they shall not be arrested till furtherorders in connection with the case inquestion. If they feel insecure, they can applyto the police and, in such event, the policeShall grant protection to them.”
In view of this, the petition is disposed of with adirection to respondent No.2 to look into the allegations ascontained in the petition personally and take necessary steps inaccordance with law if the situation so warrants.
This order shall not be construed to be conferringthe legitimacy or authenticity to the tactum of marriage having been performed as well as the age, as the Court is clearlydeprived of any means to determine the aforesaid facts.
Copy of the petition along with a copy of this order be sent to respondent No.2.
31.12.2015)rekha
(MAHESH GROVER)#$('"
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