RAMESHWAR SINGH MALIK - (1.) THE petitioners have approached this Court through the instant petition filed under Section 482 of the Code of Criminal Procedure, seeking direction to the official respondents providing protection to the lives and liberty of the petitioners as they were allegedly apprehending danger to their lives at the hands of private respondents.
(2.) NOTICE of motion was issued. Reply by way of affidavit of Phool Kumar, Deputy Superintendent of Police, Head Quarters,Yamuna Nagar, on behalf of respondent nos. 1 to 3 has been filed. Learned counsel for the State, on instructions from ASI Dila Singh, Police Station City Yamuna Nagar, submits that on verification of the age of both the petitioners, in compliance of the order dated 11.04.2012, date of birth of petitioner no.1 has been found to be 16.01.1987 and he was found to be major. However, the date of birth of petitioner no.2 namely Priya has been found to be 18.05.1996, as per the birth certificate issued by the Registrar, Birth and Death, which is Annexure R2. Learned counsel for the State further submits that in view of the Birth Certificate Annexure R2, affidavit dated 11.04.2012 (Annexure R2) filed with the petition by petitioner no.2 was not only factually incorrect but misleading also. He further submits that had this false affidavit not been filed before this Court, direction issued vide order dated 11.04.2012 would not have been issued.
(3.) IN view of the above, petitioners no.1 and 2 are directed to appear before Superintendent of Police, Yamuna Nagar ? respondent no.2 within a week from today. Thereafter, Superintendent of Police, Yamuna Nagar - respondent no.2 shall look into the matter and pass appropriate order in accordance with law. However, lest this order is misunderstood, it is clarified that this order shall not mean that the petitioners had reached the age of marriage, as required by the law applicable to them, at the time of their marriage or that their marriage is legal as per the relevant provisions of law. I say so because neither it is the issue involved in the present petition nor this Court is putting its seal of approval on the validity of marriage of the petitioners. IN fact, it is the domain of the matrimonial Court of competent jurisdiction, to decide the validity of the marriage and that too on the basis of the pleadings taken and the evidence led by the parties in the given circumstances of each case.;