SYNOPSIS

The petitioners are permanent residents of above said address

and being citizens of India they are entitle to invoke extra

jurisdiction of this Hon’ble court and therefore seeking the

indulgence of this Hon’ble Court for directing respondents No. 2

and 3 to protect the life and personal liberty of the petitioners and

further directing respondent No. 4 to 9 not to interfere with the

liberty and lives of petitioners or harass them in any manner

against their wishes and to their detriment by using force as there

is a threat from respondent No. 4 to 9 or anybody else to the

petitioners.

01.01.2000 Petitioner no. 2 born.

15.03.2005 Petitioner no.1 born

09.05.2024 Parents of petitioner no.1 pressurize her for marriage

and Petitioner no. 1 disclosed about her relationship.

11.05.2024 Both the petitioner ran away and solemnized

marriage

15.05.2024 Petitioners made representation to police authorities

Hence the present petition

Place:- Chandigarh
Date:- 16.05.2024

(Mohit Kakkar)
Advocate
Counsel for the petitioners
P/628/17 NOR : PH 223105
 IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB AND
HARYANA AT CHANDIGARH
Criminal Writ Petition ______________ of 2024

MEMO OF PARTIES
1. Rani, age about 18 Years, born on 15.03.2005, wife of Pankaj Kumar,
daughter of Sh. Ram Nath, resident of Tubewell No. 10, Kaimbwala, PO
Naya Gaon, UT Chandigarh at present residing at House No. 999, Sector
45, Burail, UT Chandigarh.
(Asadhar Card No. 2749 4703 9029) Phone No.

2. Pankaj Kumar, age about 24 Years, born on 01.01.2000, son of Sh.

Hemaraj, resident of House No. 999, Sector 45, Burail, UT Chandigarh..
(Aadhar Card No. 5451 7686 1691) Phone No.

Whether any petitioners declared PO : No.

...Petitioners
Versus
1. State of UT, Chandigarh through Home Secretary, Department of Home,

Law & Justice, 2nd Floor, Chandigarh Secretariat, Sector 9, Chandigarh

2. Senior Superintendent of Police, Chandigarh,

3. Insp. Police Post Burail, Sector 45, Chandigarh.

4. Ram Nath s/o not known (Father of Pt. No. 1

5. Ram Devi wife of Ram Nath, (Mother of Pt No.1)

6. Neeraj son of Ram Nath, (Brother of Pt No.1)

7. Pawan son of Ram Nath, (Brother of Pt No.1)

8. Bablu son of not known, (Brother in law of Pt No.1)

9. Ankit son of not known, (Brother in law of Pt No.1)

Respondent no. 4 to 9 are resident of Tubewell No. 10, Kaimbwala, PO

Naya Gaon, UT Chandigarh, India
...Respondents
Place:- Chandigarh
Date:- 16.05.2024

(Mohit Kakkar)
Advocate
Counsel for the petitioners
P/628/17 NOR : PH 223105
 Criminal Writ Petition under Articles 226 of the

Constitution of India for issuance of an appropriate

Writ, Order or Direction in the nature of mandamus

directing the respondents No. 2 and 3 to protect the

life and personal liberty of the petitioners from the

hands of respondents No. 4 to 9 further directing the

respondent’s No. 2 and 3 not to allow/let respondent

No. 4 to 9 or anybody else to interfere with the life

and liberty of the petitioners or to harass them in any

manner against the wishes of the petitioners or to

cause any detriment to the petitioners in any manner

and for issuance of any other appropriate order or

direction to which this Hon’ble Court may deem fit

and proper in the facts and circumstances of the case

as made out hereunder.

RESPECTFULLY SHOWETH:

1. That the petitioners are permanent residents of above said address and

being citizens of India they are entitle to invoke extra jurisdiction of this

Hon’ble court and therefore seeking the indulgence of this Hon’ble Court

for directing respondents No. 2 and 3 to protect the life and personal

liberty of the petitioners and further directing respondent No. 4 to 9 not

to interfere with the liberty and lives of petitioners or harass them in any

manner against their wishes and to their detriment by using force as

there is a threat from respondent No. 4 to 9 or anybody else to the

petitioners.

2. That the petitioners knew each other for the last about 2 years and

having likings for each other and wanted to marry with each other, when

they disclosed about their relations and desire to their respective family
 members then they got agitated over the relationship between the

petitioners. Both the petitioners requested family members and relatives

more particularly to respondent no. 4 to 9 to solemnize their marriage

but respondents no. 4 to 9 and other relatives did not agree for the

marriage of petitioners because the family members of petitioner no.1

were desirous to get petitioner no. 1 marry to a person of their choice

without taking the consent of petitioner no. 1. It is important to state

herein that the petitioners were having no child from their relationship

and having no immovable or movable properties in their names.

3. That it would be relevant to mention herein that both the petitioners

belongs to different Caste as petitioner no. 1 belongs to Backward Caste

and Petitioner no. 2 belongs to General Caste and are educated as the

Petitioner no. 1 is 9th passed and is unemployed and having no earning

and petitioner no. 2 is 9th passed and is working at Mobile Shopin

Chandigarh and is earning Rs. 12,000/- Per Month. Aadhar Cards of

petitioners are annexed herewith as ANNEXURE P-1 AND P-2.

4. That since the family members of petitioner No. 1 wanted to forcibly

marry her with the boy of their choice and as such petitioners jointly

decided to marry with each other after running away from their homes

and accordingly they have solemnized marriage on 11.05.2024 as per

Hindu Rights and Rituals at Pracheen Guga Marhi Rama Krishna Mandir,

Sector 19, Chandigarh. The Marriage Certificate and photographs

evidencing the same are annexed as ANNEXURE P-3 & ANNEXURE P-4..

After the solemnization of marriage both the petitioners told about the

same to their respective family members, but they got furious and

extended threats to the petitioners to eliminate both the petitioners and

have not accepted the marriage of the petitioners but later on the family

member of the petitioner no. 2 got agreed with the marriage of the
 petitioners but the family members of petitioner no. 1 most probably

respondent no. 4 to 9 are threatening the petitioners with dire

consequences and since then the petitioner are running pillar to post to

save their life but no one adhere their genuine grievance and accordingly

the petitioner approaching this Hon’ble Court by filing the present

petition.

5. That since 11.05.2024, the respondent no. 4 to 9 searching the petitioner

no. 1 and now they came to know about the factum of marriage and

reached at Chandigarh and are searching the petitioners, petitioners on

being apprehended danger to their personal life and liberty are away

from their houses and have also moved representation dated 15.05.2024

to the police authorities in whose jurisdiction they would reside. Copy of

representation dated 15.05.2024 is annexed as ANNEXURES P-6.

6. That the petitioners have not committed any offence in the eyes of law as

they are having marriageable age and are able to know what is right and

wrong. They are innocent, law abiding and peace loving citizens and

wanted to choose their partners at their wishes.

7. That the marriage concept as emerging from the times back, it was a

trend in the society to marry the boy and girl according to wishes of their

parents. There used to be no concern about the likes and dislikes of the

boy and girl. Though in our modern times, with the growing of

Criminalization, the trend is increasing towards the likeness of both the

girl and boy, but still the approach of the society is constrained to marry

within their choice and any alteration to this is still not acceptable to the

parents of both the girl and boy.

8. That with the advancement in education and liberalization, though our

horizons have expanded, but when we talk of the marriage, still the

narrow mindedness rules the mind. It seems that though the society or
 people how much educated that are still find themselves to be bounded

by the system of caste-ism, religion, wealth, reputation of the family of

boy and girl and many other factors, which otherwise have nothing to do

with the marriage. In marriage, in our modern times, love marriages

have to face stiff opposition from all the sections of the society and their

marriage is not easily acceptable.

9. That both the petitioners were unmarried at the time of their marriage

on 11.05.2024 and it is the first marriage of both the petitioners.

10. That Article 21 of the Constitution of India envisages that no person shall

be deprived of his right to freedom and personal liberty except in

accordance with the procedure established by law.

11. That the main questions of law arises for the kind consideration of this

Hon’ble Court are as under:-

i) Whether the petitioners are entitled for the relief claimed in

the present petition in the light of facts and circumstances

of the present case?

ii) Whether the official respondents are duty bound to protect

the life & personal liberty of the petitioners who are having

immense threat to their lives?

iii) Whether the petitioners can be left remediless for the

redressal of their grievance i.e. for protection of their right

to life & liberty as provided under Article 21 of the

Constitution of India?

12. That the petitioners in the facts and circumstances of the present case

are not left with any other alternative remedy of appeal or revision

except to approach this Hon’ble Court by way of filing the present writ

petition under Article 226 of the Constitution of India.

13. That the petitioners have not earlier filed any such or similar writ

petition either in this Hon’ble Court or in the Hon’ble Supreme Court of

India.

It is, therefore, respectfully prayed that the entire record of

the case be called for and after perusing the same this Hon’ble Court may

be pleased to:-

(a) Issue an appropriate Writ, Order or Direction in the nature

of mandamus directing appropriate Writ, Order or

Direction in the nature of mandamus directing the

respondents No. 2 and 3 to protect the life and personal

liberty of the petitioners from the hands of respondent’s

No. 4 to 9 further directing the respondents No.2 and 3 not

to allow/let respondent No. 4 to 9 or anybody else to

interfere with the life and liberty of the petitioners or to

harass them in any manner against the wishes of the

petitioners or to cause any detriment to the petitioners in

any manner and for issuance of any other appropriate order

or direction to which this Hon’ble Court may deem fit and

proper in the facts and circumstances of the case as made

out hereunder;

OR

(b) In the alternative issuance of an appropriate writ, order or

direction in the nature of mandamus directing the official

respondent(s) to take action on the representation dated

15.05.2024 (P-5) and decide the same in a time bound

manner;
 (c) Issue any other appropriate writ, order or direction as this

Hon’ble Court may deem fit and proper in the facts and

circumstances of the present case;

(d) Filing of certified/original copies/true typed copies of

Annexure P-1 to P-5 may kindly be dispensed with;

(e) Filing of fair/legible/proper font/proper left hand

space/double space copies of Vernacular Annexures may be

dispensed with;

(f) dispense with the requirement of service of advance

notices;

Place:- Chandigarh

Date:- 16.05.2024

(Mohit Kakkar)
Advocate
Counsel for the petitioners
P/628/17 NOR : PH 223105
 IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB
AND HARYANA AT CHANDIGARH
Criminal Writ Petition ______________ of 2024
Rani and another ...Petitioners
Versus
State of UT, Chandigarh and others ...Respondents
Affidavit of Rani, age about 18 Years, born on 15.03.2005, wife of
Pankaj Kumar, daughter of Sh. Ram Nath, resident of Tubewell No. 10,
Kaimbwala, PO Naya Gaon, UT Chandigarh at present residing at residing
at House No. 999, Sector 45, Burail, UT Chandigarh.
(Aadhar Card No. 2749 4703 9029) Phone No.
I the above named deponent do hereby solemnly affirm and
declare as under:
1. That the statement of facts made in the para of accompanying
petition are true and correct to my knowledge and as per the
documents placed on record.

2. That the deponent and is fully conversant with the facts the
accompanying petition is prepared by the counsel under the
instructions of the deponent and no such or similar petition has
earlier been filed by the petitioners either in this Hon’ble Court or
in the Hon’ble Supreme Court of India or before Ld.
Sessions/District Courts.

3. That the deponent has annexed his Aadhar card with the petition
and the details mentioned in memo of parties i.e. Aadhar card
number and mobile number is true and correct.

Place:- CHANDIGARH

DATED: DEPONENT

VERIFICATION
Verified that the contents of para No. 1 to 3 of my above said
affidavit are true and correct to my knowledge and belief and
same has been explained to deponent in Simple Punjabi. Nothing
material has been concealed therein.

Place:- CHANDIGARH

DATED: DEPONENT
 IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB
AND HARYANA AT CHANDIGARH
Criminal Writ Petition ______________ of 2024
Rani and another ...Petitioners
Versus
State of UT, Chandigarh and others ...Respondents
Affidavit of Pankaj Kumar, age about 24 Years, born on 01.01.2000, son
of Sh. Hemaraj, resident of Village Rukunpur, Post Surhurpur, Ambedkar
Nagar, Uttar Pradesh at present residing at House No. 999, Sector 45,
Burail, UT Chandigarh..
(Aadhar Card No. 5451 7686 1691) Phone No.
I the above named deponent do hereby solemnly affirm and
declare as under:

1. That the statement of facts made in the para of accompanying

petition are true and correct to my knowledge and as per the
documents placed on record.

2. That the deponent and is fully conversant with the facts the
accompanying petition is prepared by the counsel under the
instructions of the deponent and no such or similar petition has
earlier been filed by the petitioners either in this Hon’ble Court or
in the Hon’ble Supreme Court of India or before Ld.
Sessions/District Courts.

3. That the deponent has annexed his Aadhar card with the petition

and the details mentioned in memo of parties i.e. Aadhar card

number and mobile number is true and correct.

Place:- CHANDIGARH

DATED: DEPONENT
VERIFICATION
Verified that the contents of para No. 1 to 3 of my above said
affidavit are true and correct to my knowledge and belief and
same has been explained to deponent in Simple Punjabi. Nothing
material has been concealed therein.

Place:- CHANDIGARH

DATED: DEPONENT
 ANNEXURE P-2

Copy of Aadhar Card of Rani /Petitioner No. 1

Logo Government of India

Photograph Rani

DOB: 15.03.2005

Female

Bar Code

2749 4703 9029

Logo Unique Identification Authority of India

Address : D/O Ram Nath, Tubewell No. 10, Kaimbwala, PO

Naya Gaon, Distt. Chandigarh, Chandigarh, 160103.

2749 4703 9029

CERTIFIED TO BE TRUE COPY

ADVOCATE
 ANNEXURE P-3

Copy of Aadhar Card of Pankaj Kumar/Petitioner No. 2

Photo Government of India

Pankaj Kumar

DOB : 01.01.2000

Male

5451 7686 1691

My Aadhar My Identity

Unique Identification Authority of India

Address : S/o Ashok Kumar, #999, Sector 45, Burail, Chandigarh,

Chandigarh, 160047

5451 7686 1691

CERTIFIED TO BE TRUE COPY

ADVOCATE
 ANNEXURE P-4

Marriage Certificate

PRACHEEN GUGA MARHI RAMAKRISHNA MANDIR, SETOR 19-D,

CHANDIGARH

No. Dated 11.05.2024

Certified that Bridegroom Pankaj Kumar son of Hemraj, resident

of #999, Sector 45, Burail, Chandigarh 160047. having date of

birth 01.01.2000 and Bride Rani daughter of Ram Nath, resident

of Tubewell No. 10, Kaimbala, PO Naya Gaon, Distt. Chandigarh

160103. having date of Birth 04.07.1985 performed marriage as

per Hindu Rights and Rituals at Pracheen Guga Marhi

Ramakrishna Mandir, Sector 19-D, Chandigarh, both are major

and accepted each other with their free wish.

Sd/- Pankaj Kumar Bridegroom

Sd/-Rani Bride
Witness:
Stamp Sd/-
Sunil Shashtri./ 21.11.2023
Pracheen Guga Marhi Ramakrishna
Mandir, Sector 19-D, Chandigarh.

CERTIFIED TO BE TRUE TRANSLATION COPY

ADVOCATE
ANNEXURE P-4
True copy

Advocate
To
Senior Superintendent of Police, Chandigarh
Police Post Burail Sector 45
Subject: Application for protection of life and liberty of the

applicants from Ram Nath (Father), Ram Devi (Mother) Neeraj

(Brother) Pawan (Brother) Bablu (Brother in law) Ankit (Brother

in law) all resident of Tubewell No. 10, Kaimbwala, PO Naya Gaon,

UT Chandigarh, India

Sir,

With due respect applicant are submits herein:

1. That the applicant Rani solemnized marriage with Pankaj

Kumar with her free will and consent on 11.05.2024 as per

Hindu Rights and Rituals against the wishes of her parents.

2. That the applicant is major and well known to the right and

wrongs decisions and has no committed any offence by

solemnizing marriage against the wishes of above said

persons.

3. That the applicant Rani and Pankaj Kumar were known to

each other and were liking each other from last 1 years. The

applicant Rani disclosed about their relationship to the above

said persons and desired their wishes to marry each other at

the time, when they pressurize her to solemnize marriage as

per their wishes, but the above said persons did not agreed

with the same because the above said persons want to marry

applicant Rani with the boy of their choice and accordingly the

applicant ran away from their respective houses and

solemnized marriage.
4. That after getting the information about the solemnization of

marriage of applicants, the above said persons were become

ruthless and start threatening them with dire consequences

and still roaming in Chandigarh and the applicants

apprehension that they may cause harm on finding occasions.

5. That the above said persons are threatening the applicants

that they will kill them and the applicants want to reside at

House No. 999, Sector 45, Burail, UT Chandigarh and your

good self is the competent authority to hear the grievance.

It is therefore respectfully prayed that the above said

persons may kindly be called and legal action be taken against
them and protection be provide to us. We shall be highly
obliged.
Dated: 15.05.2024
Submitted by

Sd/-
(i) Rani D/o Ram Nath
(ii) Pankaj Kumar son of Sh.
Hemaraj,
Both residents of House No. 999,
Sector 45, Burail, UT Chandigarh.
 IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB
AND HARYANA AT CHANDIGARH

Criminal Writ Petition ______________ of 2024

Rani and another ...Petitioners
Versus
State of UT, Chandigarh and others ...Respondents
INDEX

SN Particulars Dates Page Cour

t Fee
Urgent Form 16.05.2024 --
Synopsis 16.05.2024 A
1. Memo of Parties 16.05.2024 1
2. Criminal Writ Petition 16.05.2024 2-7
3. Affidavit of Pet. No.1 in support 16.05.2024 8
4. Affidavit of Pet. No.2 in support 16.05.2024 9
5. Annexure P-1 (Aadhar Card) ___ 10
6. Annexure P-2 (Aadhar Card) ___ 11
7. Annexure P-3 (Marriage Certificate) 11.05.2024 12
8. Annexure P-4 (Photographs) 11.05.2024 13
9. Annexure P-5 (Representation) 15.05.2024 14-15
10. Power of Attorney 16.05.2024 16
VERNACULARS/PHOTOCOPIES
11. Annexure P-2 (Aadhar Card) ___ 17
12. Annexure P-3 (Aadhar Card) ___ 18
13. Annexure P-4 (Marriage Certificate) 11.05.2024 19
Total court fee:- Rs.
Note:
i. That the main law points canvassed in this writ petition are
contained in Para No. 11 at pages 5.
ii. Act, Rule/Statute
a. Constitution of India.
iii. No caveat petition has been received by the petitioners.
iv. Any other similar Case: Nil
v. Advance copy has been supplied to State.
vi. Verification not required in Criminal Writ Petition.
vii. Mobile No. 9812222246
viii. NO MP/MLA/Former MLA, Minister is involved in the case.

Place:- Chandigarh
Date:- 16.05.2024

(Mohit Kakkar)
Advocate
Counsel for the petitioners
P/628/17 NOR : PH 223105
IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB
AND HARYANA AT CHANDIGARH

Criminal Writ Petition ______________ of 2024

Rani and another ...Petitioners

Versus

State of UT, Chandigarh and others ...Respondents

Court Fees
______________________________________________ _____

______________________________________________ _____

Total Court Fees Rs. /-

Place:- Chandigarh
Date:- 16.05.2024

(Mohit Kakkar)
Advocate
Counsel for the petitioners
P/628/17 NOR : PH 223105
IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB

AND HARYANA AT CHANDIGARH

To

The Deputy Registrar (Judicial)

Punjab and Haryana High Court,

Chandigarh.

Criminal Writ Petition ______________ of 2024

Rani and another ...Petitioners

Versus

State of UT, Chandigarh and others ...Respondents

Sir,

Will you kindly treat the accompanying petition as an

urgent one in accordance with the provisions of Rule 9, Chapter 3-A,

Rules and orders of the High Court Chandigarh, Volume – V.

The ground (s) of urgency are:-

Protection of Life and Liberty is prayed for.

Kindly list this matter before Vacation Roster

Yours faithfully

Place:- Chandigarh
Date:- 16.05.2024

(Mohit Kakkar)
Advocate
Counsel for the petitioners
P/628/17 NOR : PH 223105