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Paramjit Kaur and anr. Vs. State of Punjab and anr. - Court Judgment

LegalCrystal Citation
CourtPunjab and Haryana Chandigarh High Court
Decided On
Case NumberCriminal Misc. No.M-32467 of 2010
Judge
AppellantParamjit Kaur and anr.
RespondentState of Punjab and anr.
Advocates:Mr. Amrinder Singh, Adv.
Excerpt:
.....proof of her age; as such she has deposed her affidavit (annexure-p.1) in this regard. the date of birth of petitioner no.2 is 30.11.1987. the petitioners have placed on record the 5th class examination certificate (annexure-p.2) of petitioner no.2 where his date of birth is so mentioned. the averments made in the petition are supported by affidavit of petitioner no.1. both the petitioners are present in court and are identified by their counsel. it is stated by petitioner no.1 that she has solemnized her marriage with petitioner no.2 of her own free will and desire and without any kind of pressure or undue influence. besides, she is happy with her marriage. it is submitted by both the petitioners that they were not earlier married.2. in the afore-noticed facts and circumstances,.....
Judgment:
1. The petitioners on their own have solemnized their marriage amongst themselves on 31.10.2010 as per Hindu rites and ceremonies. The marriage was solemnized at Mahakali Mandir, Industrial Area, Phase-II, Chandigarh. The marriage certificate (Annexure-P.3 colly.) and photographs (Annexure-P.3 colly.) taken at the time of marriage have been placed on record. On account of the marriage that has been solemnized the petitioners apprehend danger to their life and liberty from respondent No.6 who is the father of petitioner No.1 as the marriage was without his consent. The petitioners, therefore, submitted an application dated 29.10.2010 (Annexure-P.4) to respondents No.2 and 3 for protecting their life and liberty from the parents of petitioner No.1. Despite the said application the threat to them persists. It is submitted that both the petitioners are major. The year of birth of petitioner No.1 is 1985 and she is 25 years of age, however, the petitioner No.1 has no document regarding proof of her age; as such she has deposed her affidavit (Annexure-P.1) in this regard. The date of birth of petitioner No.2 is 30.11.1987. The petitioners have placed on record the 5th class examination certificate (Annexure-P.2) of petitioner No.2 where his date of birth is so mentioned. The averments made in the petition are supported by affidavit of petitioner No.1. Both the petitioners are present in Court and are identified by their counsel. It is stated by petitioner No.1 that she has solemnized her marriage with petitioner No.2 of her own free will and desire and without any kind of pressure or undue influence. Besides, she is happy with her marriage. It is submitted by both the petitioners that they were not earlier married.

2. In the afore-noticed facts and circumstances, the present criminal miscellaneous petition is disposed of with a direction to respondents No.2 to 5 that in case the petitioners approach any of them setting out their grievances as have been made in the present petition the same shall be duly considered and looked into by them independently and in accordance with law.


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