CRM No. M-29086 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO: CRM No. M-29086 of 2009 DATE OF DECISION: October 26, 2009 MENKA DEVI AND ANOTHER ...PETITIONER VERSUS STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN. Present: Mr.J.S.Saneta, Advocate for the petitioner. Mr.Amit Khatkar, AAG, Haryana ***** RAKESH KUMAR JAIN, J.(ORAL) CRM No.53137 of 2009 Allowed as prayed for. Document annexure P-5 is taken on record. Main Case This is a petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') vide which the petitioners have invoked the inherent jurisdiction of this Court for protecting their life and liberty at the hands of respondents No.4 to 6 because they have got married against their wishes. As per the averments made in the petition, petitioner No.1 (Menka Devi) was born on 4.3.1987 and is 22 years of age as per her matriculation certificate (Annexure P-1). Petitioner No.2 was born on 24.3.1983 and is 26 years of age as per his matriculation certificate (Annexure P-2). They got married on 4.10.2009. The photographs of marriage are at Annexure P-3. The petitioners have alleged that they are apprehending danger to their life and liberty at the hands of respondents No.4 to 6, as they have got married against the wishes of the parents of petitioner No.1. CRM No. M-29086 of 2009 -2- Learned counsel for the petitioners has submitted that both the petitioners are major. He has relied upon a decision of the Supreme Court in the case of Lata Singh Vs. State of U.P. and another (2006) 5 SCC 475, in which it is held that “Once a person becomes a major, he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage, the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter- caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by any one nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law”. It is also submitted that before approaching this Court, the petitioners had filed an application to the Superintendent of Police, Karnal-respondent No.2, dated 12.10.2009 (Annexure P- 4). In view of the above, the present petition is allowed. Respondent No.2 is directed to look into the application and in case any threat to life and liberty is found at the hands of respondents No.4 to 6, the petitioners shall be provided with the adequate security. With these directions, the petition is disposed of. October 26, 2009 (RAKESH KUMAR JAIN) Vt JUDGE