The single-judge bench of Justice N.S. Shekhawat of the Punjab and Haryana High Court in the case of Gurwinder Singh and another Vs State of Punjab and others held that the petitioner is not of a marriageable age would not deprive the petitioners of their fundamental right as envisaged in the Constitution, being citizens of India.
BRIEF FACTS
The factual matrix of the case is that the petition has been filed under Article 226 of the Constitution of India for directing respondents to protect the life and liberty of the petitioners from the hands of private respondents.
The learned counsel appearing on behalf of the petitioner submitted that the petitioner no. 1 is major and the petitioner no. 2 is below 18 and they both want to marry each other after attaining the age of majority of petitioner No. 2 but the father of petitioner No. 2 is against their relationship. It was further submitted that both the petitioner are living in the live-in relationship and facing threats from the family members of the petitioner No. 2. Furthermore, it was submitted that the threat might go to the extent of even committing their murder.
The learned counsel further relied upon the judgements titled 'Nandakumar and another Vs. State of Kerala and others' 2018(2) RCR (Civil) 899; and Indra Sarma Vs. V.K.V. Sarma' 2013(15) SCC 755 and the judgment passed by a Coordinate Bench of this Court in CWP-17069- 2019 titled as Kawaljeet Kaur and another versus State of Punjab and others.
COURT’S OBSERVATION
The hon’ble court held that it is the bounden duty of the State as per the Constitutional obligations cast upon it to protect the life and liberty of every citizen. Mere fact that petitioner is not of a marriageable age would not deprive the petitioners of their fundamental right as envisaged in the Constitution, being citizens of India.
CASE NAME- Gurwinder Singh and another Vs State of Punjab and others
CORUM- Justice N.S. Shekhawat
DATE-15.11.22
CITATION- CRWP-10458-2022
Read Judgment
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
0 Comments