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2018 DIGILAW 2544 (PNJ)

Jasvir Kaur @ Jasveer Kaur v. State of Punjab

2018-06-01

AMOL RATTAN SINGH

body2018
JUDGMENT : AMOL RATTAN SINGH, J. 1. The petitioners, who are present in the court, are seeking protection of their lives and liberty at the hands of respondent No. 4, who is stated to be the father of petitioner no. 1, on account of the fact that they have married each other of their own free will, against the wishes of the said respondents on 29.05.2018. Photographs of what is stated to be a marriage ceremony have been annexed with the petition. 2. As regards proof of age of both the petitioners, photocopies of their Aadhar cards, issued by the Unique Identification Authority of India and photocopies of their Matriculation Examination Certificates, issued by the Punjab School Education Board, have been annexed with the petition as Annexure P-1 (colly.) What are stated to be the original Matriculation Certificates of both the petitioners have been produced in Court. As per the said identity cards and the Matriculation Certificates, both the petitioners are shown to be above the legally marriageable age. 3. 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. 4. Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without commenting 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 respondent or at their behest. 5. 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 proceedings initiated as per law.