Punjab and Haryana High Court
CRWP/12322/2022 of NAFILA SHAHID AND ANOTHER Vs STATE OF PUNJAB AND OTHERS on 30 December 2022
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-12322-2022 Date of decision : 30.12.2022 Nafila Shahid and another .....Petitioners versus State of Punjab and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ *** Present :- Mr. Vikas Chopra, Advocate for the petitioners. ***
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123IN THE HIGH COURT OF PUNJAB AND HARYANA.AT CHANDIGARH
CRWPRP-12322-20Date of decision : 30.12.2022
Nafila Shahid and another
.Petitioners
Versus
State of Punjab and otherswee REeSpondents CORAM: HON'BLE MR. JUSTICERAJESH BHARDWAJ111111
Present :-Mr. Vikas Chopra, Advocatefor the petitioners.111
RAJESH BHARDWAJ_J. (Oral)
Present petition has been filed under Article 226 of theConstitution of India for directing respondents no.2 and 3 to protect the lifeand liberty of the petitioners from the hands of respondents no.4 and 5 andother relatives.
Learned counsel for the petitioners states that both thepetitioners are major as per Mohammedan Law which allows a girl agedabove 16 years to be treated as major for the purpose of marriage. Both thepetitioners have married against the wishes of respondents no.4 and 5 andhave sought protection to their life and liberty. They apprehend dangerfrom respondents no.4 and 5. Their marriage certificate evidencing theirmarriage 1s on record as Annexure P-3. The petitioners have submitted arepresentation dated 26.12.2022 (Annexure P-4) to respondent no.2.|
Notice of motion to respondents no.1 to 3-State only.
On the asking of the Court, Mr. Vishnav Gandhi, DAG,Punjab accepts notice on behalf of the State.|
Without entering upon an exercise to evaluate the evidentiaryvalue of the documents placed on the file, I dispose of the petition with a CRWP-12322-2022
direction to respondent no.2-Senior Superintendent of Police, DistrictMalkerkotla to decide the representation (Annexure P-4) of thepetitioners and grant them protection, if any threat to their life and libertyis perceived. It is clarified that this order shall not be taken to grantimmunity to the petitioners from legal action for violation of law, if any,committed by them. This order would not be understood having expressedany opinion whatsoever by this Court on the validity of the marriage ofthe petitioners.
Disposed of|