CRM-M 29123 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M 29123 of 2009 (O&M) Date of Decision: 15.10.2009 Bandana Devi and another ..Petitioners. Vs. The State of Punjab and others ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Arun Abrol, Advocate for the petitioners. RAKESH KUMAR JAIN, J. (Oral) As per the averments made in the petition, date of birth of petitioner No.1 is 4.2.1990 as per matriculation certificate (Annexure P-1) and the date of birth of petitioner No.2 is 1.1.1988 as per matriculation certificate (Annexure P-2). They have stated that they are major and have performed marriage as per Hindu Rites on 29.8.2009. Photographs of their marriage are attached as Annexure-P3 and marriage certificate is attached as Annexure P-4. Before coming to this Court, the petitioners have also approached Senior Superintendent of Police, Gurdaspur (respondent No.2) for providing them security. Though both the petitioners are major yet they are apprehending danger to their lives at the hands of respondents No.4 to 8 as they have married against their wishes. Counsel for the petitioners relies upon a decision of the Supreme Court in 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 CRM-M 29123 of 2009 -2- 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 anyone 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.” After hearing the counsel for the petitioners and keeping in view the facts and circumstances of the case particularly the fact that both the petitioners are major, respondent No.2 is directed to look into the representation (Annexure P-5) and if the facts stated in the application are found to be correct and any danger to the lives and liberty of the petitioners is found, he shall provide necessary protection to them. The petition stands disposed of. (Rakesh Kumar Jain) 15.10.2009 Judge Meenu