🖨️ Print / Download PDF

Sweety and Another Vs State of Punjab and Others

Case No: Criminal Miscellaneous No. M-38346 of 2010 (O and M)

Date of Decision: Dec. 24, 2010

Hon'ble Judges: S.S. Saron, J

Bench: Single Bench

Final Decision: Allowed

Translate: English | हिन्दी | தமிழ் | తెలుగు | ಕನ್ನಡ | मराठी

Judgement

S.S. Saron, J.@mdashThe Petitioners had known to each other for the last about 2 years and they had a liking for each other. They have

solemnized their marriage amongst themselves against the wishes of the parents (Respondents No. 4 and 5) of the Petitioner No. 1. Their marriage

was solemnized on 20.12.2010 at Arya Samaj Mandir, Sector 56, Palsora, Chandigarh as per Hindu rites and rituals. The marriage certificate

dated 20.12.2010 (Annexure P-1) and the photographs (Annexure P-4) taken at the time of marriage have been placed on record. The marriage

being an inter caste marriage is not to the liking of the Respondents No. 4 to 7 who are the father, mother, brother and paternal uncle (chacha)

respectively of Petitioner No. 1. Therefore, they have not approved of the marriage of the Petitioners and are harassing and humiliating the

Petitioners for which they have also approached the SHO, Police Station, Talwara, District Hoshiarpur (Respondent No. 2). The Petitioners

apprehend danger to their life and liberty and therefore they have filed the present petition. Both the Petitioners are Crl. Misc. No. M-38346 of

2010 (O&M) 2 stated to be major. The date of birth of Petitioner No. 1 as per her matriculation certificate (Annexure P-2) issued by the Punjab

Schoold Education Board is 18.11.1991 and that of the Petitioner No. 2 as per his matriculation certificate (Annexure P-3) issued by the aforesaid

Board is 7.4.1988. The averments made in the petition are supported by an affidavit of Petitioner No. 1.

2. Both the Petitioners are present in Court and are identified by the counsel. Petitioner No. 1 has stated that she has solemnized her marriage with

Petitioner No. 2 of her own free will and desire and without any kind of coercion and pressure and she is happy with her marriage. Both the

Petitioners have stated that they have not earlier married.

3. In the facts and circumstances, the present petition is disposed of with a direction to Respondents No. 2 and 3 that in case Petitioners approach

any of them stating their grievances as have been mentioned in the present petition, the same shall be duly considered and looked into by them

independently and in accordance with law.