LAWS(P&H)-2021-10-97

NAVYA Vs. STATE OF PUNJAB

Decided On October 14, 2021
Navya Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The present Criminal Writ Petition has been filed under Article 226 of the Constitution of India for directing respondent Nos.2 and 3 to protect the life and liberty of the petitioners.

(2.) Learned counsel for the petitioners has submitted that petitioner No.1 is more than 18 years of age and her date of birth is 1/10/2003 which is apparent from her Aadhaar Card (Annexure P-1). Petitioner No.2 was born on 4/1/2001 as is apparent from his Aadhaar Card (Annexure P-2). It is, thus, apparent that petitioner No.2 is although major but is not of marriageable age. It is further contended that the petitioners have performed marriage on 7/10/2021 and for the said purpose, photographs have been annexed alongwith the present petition as Annexure P-3. It is also submitted that the petitioners have given a detailed representation dtd. 7/10/2021 (Annexure P-4) to respondent No.2 as they are apprehending harm to their life and liberty and have, thus, sought protection.

(3.) Learned counsel for the petitioners has relied upon the judgment passed by the Coordinate Bench of this Court in case Jashanpreet Kaur and another Vs. State of Punjab and others, reported as 2019(4) RCR (Civil) 183, in which case although, girl therein was aged about 15 years and 8 months and boy was aged about 19 years and 3 months, yet the Coordinate Bench after considering the provisions of Hindu Marriage Act, 1955, was pleased to protect the life and liberty of the petitioners therein.