Criminal Misc. No. M-13972 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-13972 of 2011 Date of Decision: 16.5.2011 Kulwinder Kaur and Another …Petitioners Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Jagjit Singh, Advocate for the petitioners. Mr. J.S. Bhullar, Assistant Advocate General, Punjab, for respondents No.1 and2. Respondents No.3 to 6 in person. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for issuance of directions to respondents No.1 and 2 to protect the life and liberty of the petitioners so that no harm is caused to them. This Court, on 9.5.2011, has passed the following order:- “Petitioner No.1 Kulwinder Kaur is present in the Court. Her date of birth is 20.6.1994 and she is 16 years 10 months and 14 days old. It is stated that she has performed her marriage according to her own volition with petitioner No.2. Issue notice of motion. On asking of the Court, Mr. B.S. Sra, Additional Advocate General, Punjab, accepts notice on behalf of respondents No.1 and 2. A copy Criminal Misc. No. M-13972 of 2011 2 of petition has been supplied to him. Learned counsel for the petitioners relies upon orders passed in case Poonam and Another v. State of Haryana and Others (Criminal Misc. No. M-12767 of 2011 decided on 3.5.2011) to contend that even minor, who performed marriage, is entitled to approach this Court for protection of life. Learned counsel for respondents No.1 and 2 is directed to serve notice upon respondents No.3 to 6 for their appearance in this Court on the next date of hearing through respondent No.2- Station House Officer, Police station Mehta Chowk, District Amritsar,. Till then, the Senior Superintendent of Police, Majitha, District Amritsar, shall ensure that no harm is caused to the life of the petitioners. List on 16.5.2011. A copy of this order, duly attested by the Special Secretary of this Court, be furnished to Mr. B.S. Sra, Additional Advocate General, Punjab, for onward transmission and compliance.” Today, respondent No.3-Major Singh and respondent No.4- Satnam Kaur, parents of petitioner No.1-Kulwinder Kaur, are present in Court. In their presence, petitioner No.1 has stated that she has Criminal Misc. No. M-13972 of 2011 3 performed marriage with petitioner No.2-Kuldip Singh according to her own wishes. In response thereto, Major Singh and Satnam Kaur have stated that henceforth they will sever all their relations with petitioner No.1 and she may live her life according to her own wishes. This Court, in the present petition, shall neither determine the validity of the marriage nor the question of custody of minor girl petitioner No.1. The parents of petitioner No.1 will be at liberty to approach the appropriate Court that petitioner No.1, being minor, was not competent to perform marriage. They can also approach the competent Court for custody of petitioner No.1. There is no doubt that if the prayer of the petitioners can be granted within the legal framework, the Courts of competent jurisdiction will do so. However, learned counsel for the petitioners has submitted that there is every apprehension that petitioners can become the victim of honour killing or they can be lynched. He further submits that petitioner No.1 belongs to a Jat Sikh family, whereas petitioner No.2 is a Dalit. After hearing learned counsel for the parties, this Court is of the view that life of the petitioners is required to be protected. Thus, the present petition is disposed of by directing the Senior Superintendent of Police, Majitha, District Amritsar, to ensure that necessary protection is granted to the petitioners so that no harm is caused to their life. The above said observations shall not eclipse the rights of the Investigating Agency to proceed in the matter if they are so advised. (Kanwaljit Singh Ahluwalia) Judge May 16, 2011 “DK”