SIMRANJIT KAUR & ORS Vs. STATE OF PUNJAB & ORS
LAWS(P&H)-2012-11-178
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 05,2012

SIMRANJIT KAUR And ORS Appellant
VERSUS
State Of Punjab And Ors Respondents

JUDGEMENT

- (1.) As strange as it may appear, but strictly speaking, the tendency & frequency of parents of girls, involved in love marriages, in filing the false petitions, in order to wreak vengeance, have been tremendously increasing day-by-day. Perhaps, the instant petition is a burning example of such like cases.
(2.) Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the present petition and emanating from the record, are that, having performed love marriage and apprehending danger to their lives & liberty, Simranjit Kaur, daughter of Mukhtiar Singh, and Jatinder Pal Singh son of Gurnam Singh had preferred a protection petition, bearing CRM No. M-21080 of 2012 titled as "Jatinder Pal Singh and another Vs. State of Punjab and others". The protection petition was accepted. Respondent Nos.2 and 3 were directed to protect their lives & liberty and respondent Nos.4 to 7 (therein) were restrained from illegally interfering in their lives & liberty by this Court, vide order dated 19.7.2012 (Annexure P1).
(3.) Sequelly, Mukhtiar Singh, father of the girl, did not reconcile with the love marriage of his daughter and filed a criminal habeas corpus writ petition, bearing No.1522 of 2012 titled as "Mukhtiar Singh Vs. State of Punjab and others", in which, Simranjit Kaur (detenue) admitted the factum of her majority and solemnization of marriage with Jatinder Pal Singh. The criminal writ petition for habeas corpus was disposed of by this Court, by means of order dated 20.9.2012, which, in substance, is as under:- "Petitioner Mukhtiar Singh son of Ishar Singh, has preferred the instant petition for Habeas-Corpus for release of his daughter Simranjeet Kaur (detenue). In pursuance of the notice, she (detenue) appeared and made the following statement:- "I am major. I have voluntarily performed my marriage with my husband Jatinder Pal Singh son of Gurnam Singh (respondent No.4), without any kind of pressure or coercion. I am happily residing with my husband in my matrimonial home. I do not want to go with with the petitioner. Respondent Nos.4 to 8 have not illegally detained me and I am residing in my matrimonial home with my own free will." In view of the above statement, no further action is required to be taken in the manner. Therefore, the petition for Habeas-Corpus become infructuous, which is hereby dismissed as such.";


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