ASHA AND ANOTHER Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2007-8-197
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 14,2007

Asha and Another Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

S.S. Saron, J. - (1.) The petitioners by way of the present petition under Section 482 Criminal Procedure Code seek indulgence of this Court for issuance of appropriate order or directions directing respondents No.3, 4 and 5 to protect their life and liberty and also not to harass or humiliate them or register any criminal case against them at the instance of respondents No.6 and 7, who are the parents of petitioner No.1.
(2.) The petitioners, it is stated, are major. The date of birth of petitioner No.1 is 29.8.1988 and she is now aged 18 years, 11 months and 12 days. The petitioner No.1 has deposed an affidavit dated 10.8.2007 (Annexure P.1) which, it is stated, was sworn before the authorities of Arya Samaj Mandir Pracharak Samiti at Himgiri Enclave, Mukandpur-II, Delhi. The petitioner No.1 also got herself medically examined for the purpose of determination of her exact age. She was examined at Khurana Diagnostics, Delhi by Dr. Raman Khurana. As per the report (Annexure-P.2) the bone age was determined as more than 18 years. The date of birth of petitioner No.2 is stated to be 23.2.1985. He is earning his livelihood by plying a vehicle as Maxi Cab. Both the petitioners, it is stated, believe in Hindu religion and are well matured. The petitioners know each other for the last two years and they had a liking for each other. Therefore, they decided to solemnize their marriage amongst themselves. The petitioner No.1 expressed her desire to marry with petitioner No.2 before her parents (respondents No.6 and 7), however, they did not agree. Therefore, petitioner No.1 left her parental house and joined petitioner No.2. The petitioners are dislodged from their parents' house for the last 12-13 days as they apprehend physical assault on them which would be dangerous to their lives. They ultimately solemnized their marriage on 10.8.2007 at Arya Samaj Pracharak Samiti, Himgiri Enclave, Mukandpur-II, Delhi.
(3.) Photographs (Annexures-P.3 to P.7) with regard to the solemnization of their marriage have been placed on record. Besides, the Pracharak Samiti is a registered society and a certificate dated 10.8.2007 (Annexure-P.8) issued by the said Samiti has been placed on record. The marriage that has been solemnized is without the consent of the parents (respondents No.6 and 7) of petitioner No.1. Therefore, the petitioners apprehend danger to their life and liberty and they have approached this Court for seeking protection. It is submitted that the decision to solemnize the marriage amongst themselves by the petitioners was their independent decision so as to live their life as per their own wishes with dignity.;


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