Criminial Writ Petition No. 1217 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminial Writ Petition No. 1217 of 2009 Date of decision : 13.11.2009 Mewa Ram .....Petitioner Versus State of Haryana and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Arun Takhi, Advocate for the petitioner. Ms. Neena Madan, Additional Advocate General, Haryana for respondents no.1 to 4. Mr. N.L.Sammi, Advocate for respondents no.5 to 7. S. D. ANAND, J. Learned counsel appearing on behalf of respondent no.5 Kapoor Singh alias Daler Singh has placed on record a photocopy of the release deed vide which Kapoor Singh aforementioned has gifted 40/1114 share out of 55 kanals 14 marlas comprised of Khewat No.9 Khatoni n.9 Kharas No. 7//11/4, 8//17, 7//20, 21/2, 8//16, 24/2, 11//1/2, 10//4/2, 5/2 measuring two kanals. There is also an averment in the gift deed that the possession of that land has also been delivered to his daughter-in-law. Mewa Ram petitioner had filed a petition that his daughter Mst. Neeno Devi had married respondent no.7-Ravinder Kumar a son of Kapoor Singh aforementioned, but that it was an invalid marriage. The averment, in the context was that Mst. Neeno Devi being less than the age of 18 years, could not have entered into a valid marriage. This matter was taken up on 11.11.2009 in the presence of the petitioner Mewa Ram and Kapoor Singh- respondent no.5 and Ravinder Kumar-respondent no.7. Besides the Criminial Writ Petition No. 1217 of 2009 -2- **** learned State Counsel, learned counsel representing the petitioner and also learned counsel representing respondents No. 5 to 7 were also present at that point of time. On that date, the following order was also granted by this Court :- “Mst. Neeno Devi, the alleged detenue, is also present in Court. She states that she had married respondent no.7-Ravinder Kumar with whom she is presently residing. Respondent no.5 states that, in order to inspire confidence of the parents of Mst. Neeno Devi, he is prepared to gift two kanals of agricultural land holding owned by him in her name. He has shown to the Court a rough draft of the gift deed. The parties belong to village Bilaspur. It is, accordingly, directed that respondent no.5- Kapoor Singh shall present gift deed (draft whereof has been placed on the file today and is taken on record) before the Tehsildar/Naib Tehsildar, Bilaspur (Registering Authority) tomorrow i.e. 12.11.2009 and the gift deed shall be registered tomorrow itself. The matter shall be listed before this Court on 13.11.2009. The respondent No. 2 shall ensure that the petitioners shall have the similar constitutional protection which is available to all the citizens of the country under Article 21 of the Constitution of India. The reiteration of that obvious constitutional guarantee would not be inferred to be an expression of opinion on the merits of the averments in the course of the petition qua the factum/validity of their matrimonial alliance.” Kapoor Singh aforementioned had volunteered a statement day before yesterday, that in order to inspire confidence of the parents of Mst. Neeno Devi, he is prepared to gift two kanals of agricultural land holding owned by him in her name. He had shown to the Court a rough draft of the gift deed. It was under those circumstances that a direction was Criminial Writ Petition No. 1217 of 2009 -3- **** issued to respondent no.5 to present that gift deed before the before the Tehsildar/Naib Tehsildar, Bilaspur (Registering Authority) on 12.11.2009 and there was a further direction to the Registering Authority that the gift deed shall be registered on 12.11.2009. As already indicated, that the constitutional protection which is available to all the citizens of the country under Article 21 of the Constitution of India is available to the petitioner and even formal orders at their instance were granted on 11.1.2009. This Court had made it clear that the grant of protection shall not be inferred to be an expression of opinion on the merits of otherwise of the averments in the course of the petition qua the factum/validity of their matrimonial alliance. However, it was noticed on 11.1.2009 that the parents and other relations of the girl who appeared in the Court had a sense of concern about the future economic security of the girl. It was with a view to allay their apprehension that Kapoor Singh father of respondent no.7-Ravinder Kumar had made the offer to gift two kanals area of his agricultural holding to Mst. Neeno Devi. Though this may not exactly satisfy the petitioner on the emotional front, this Court issued the relevant direction to Kapoor Singh in order to serve a social purpose of granting economic security to Mst. Neeno Devi. That unconventional step was taken by this Court in the light of peculiar facts and circumstances of the case. Disposed of accordingly. November 13, 2009 (S. D. ANAND) Pka JUDGE