Punjab and Haryana High Court Disposes Writ Petition for enforcement of Fundamental Rights

Must Read

New Insolvency and Bankruptcy Code (IBC) Amendments Are Valid Says Supreme Court

On Tuesday, the Supreme Court upheld the amendments in the insolvency and bankruptcy code which makes it mandatory for a minimum of 100 or 10% of home buyers of a project to initiate insolvency proceedings against a builder for not delivering flats or commercial shops on time.

[HUL – Sebamed Ad War] Bombay High Court Passed Injunction; Permits Sebamed Ad Against HUL’s Dove

The ad war between the German personal care brand Sebamed and the consumer goods giant Hindustan Unilever Ltd (HUL) has come to an end. On January 19th, Bombay High Court passed an injunction order permitting the Sebamed ad against Hindustan Unilever’s Dove without any changes. It was observed that Sebamed ads were backed with evidence-based data. However, Sebamed was ordered to put an end to its advertisement that compared HUL soap bars Lux, Pears, and Santoor with Rin and detergent category.

Bombay High Court Says White Collar Crimes Are More Dangerous Than Murder and Dacoity

The Aurangabad Bench of the Bombay High Court rejected 4 petitions of 4 businessmen after observing that white-collar crimes are more serious than murder and dacoity. The businesspersons were booked for fraud of evading GST by producing fake invoices.

Right To Protection Can’t Be Granted To Married Woman Involved in Live-in Relationship: Allahabad High Court

The Bench of Allahabad High Court dismissed a petition of a live-in couple, observing that a married woman in a live-in relationship is not entitled to any sort of legal protection whatsoever. The Court remarked that they are adults and should live as ‘husband and wife’ if they want no one to interfere in their lives.

Police To Decide on the Entry of Farmers To Delhi on Republic Day Says Supreme Court

While the Supreme Court heard a plea seeking an injunction against the tractor rally that is scheduled for January 26th, it held that it is the decision of the Delhi Police officers to see whether the protesting farmers should get entry into Delhi on Republic Day.

[Sushant Singh Rajput Case]: Republic TV & Times Now Hindered Investigation Probe Says Bombay HC

In November last year, the Court had reserved its judgement on the PILs that came from 8 former police officers from Maharashtra, lawyers, activists and NGOs, seeking restraining orders against the media trial in the Sushant Singh Rajput case.

Follow us

The filing of the writ was to seek the protection of “life and liberty” as enshrined under Article 21 of the Indian constitution viz-a-viz a conceded violation of Section 5 (iii) of the Hindu Marriage Act, 1955. Justice Mr Arun Monga heard and disposed of the matter of Criminal writ petition.

Facts of the Case

The petitioner No.1, a girl, born on 27.02.2000 and petitioner No.2, a boy born on 02.08.1999, as such his age is 20 years and 11 months, but not of marriageable age, are in love with each other. They decided to get married and approached their parents in this regard. However, parents of petitioner no. 1 were against their marriage.

However, they got married on 02.07.2020 at Gurudwara Guru Nanak Niwas Sahib, Village Karor Kalan, Tehsil Kharar, District Mohali according to Sikh Rites and Ceremonies. Petitioners stated that after their marriage, the private respondents No.4 to 6 had issued a death threat to them.

Moreover, the petitioners approached respondent No.2 (Senior Superintendent of Police, Sri Muktsar Sahib). They submitted a representation seeking to safeguard their life and liberty, but no action is being taken on the same.

Arguments before the Court

The learned counsel for the petitioner submits that there is a need to address the apprehension of the petitioners, which is based on the threat to their life and liberty. The issue in hand is not the marriage of the petitioners but the deprivation of a fundamental right. They sought protection of life and liberty, which is violated by respondent no. 2. Article 21 of the Indian Constitution stands on a much higher pedestal. Being protected under the Constitutional Scheme, it must be protected, regardless of the solemnization of a void or invalid marriage.

The learned counsel for the petitioners also stated that It is the bounden duty of the State as per the Constitution. Which, casts upon them obligation to protect the life and liberty of every citizen. Right to human life is to be treated on a much higher pedestal, regardless of a citizen being minor or a major.

Court’s ruling

The Court observed that petitioners are not of marriageable age in the present case. Nevertheless, it would not deprive them of their fundamental right, as envisaged in the Constitution of India. The Senior Superintendent of Police, Sri Muktsar Sahib, is directed to verify the contents of the petition particularly the threat perception of the petitioners and after that provide necessary protection qua their life and liberty if deemed fit.

This order would neither be treated as a stamp of this Court qua marriage of the petitioners nor any reflection on the merits of the contentions raised by them in the present petition. The Court disposed of the criminal writ petition.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

New Insolvency and Bankruptcy Code (IBC) Amendments Are Valid Says Supreme Court

On Tuesday, the Supreme Court upheld the amendments in the insolvency and bankruptcy code which makes it mandatory for a minimum of 100 or 10% of home buyers of a project to initiate insolvency proceedings against a builder for not delivering flats or commercial shops on time.

[HUL – Sebamed Ad War] Bombay High Court Passed Injunction; Permits Sebamed Ad Against HUL’s Dove

The ad war between the German personal care brand Sebamed and the consumer goods giant Hindustan Unilever Ltd (HUL) has come to an end. On January 19th, Bombay High Court passed an injunction order permitting the Sebamed ad against Hindustan Unilever’s Dove without any changes. It was observed that Sebamed ads were backed with evidence-based data. However, Sebamed was ordered to put an end to its advertisement that compared HUL soap bars Lux, Pears, and Santoor with Rin and detergent category.

Bombay High Court Says White Collar Crimes Are More Dangerous Than Murder and Dacoity

The Aurangabad Bench of the Bombay High Court rejected 4 petitions of 4 businessmen after observing that white-collar crimes are more serious than murder and dacoity. The businesspersons were booked for fraud of evading GST by producing fake invoices.

Right To Protection Can’t Be Granted To Married Woman Involved in Live-in Relationship: Allahabad High Court

The Bench of Allahabad High Court dismissed a petition of a live-in couple, observing that a married woman in a live-in relationship is not entitled to any sort of legal protection whatsoever. The Court remarked that they are adults and should live as ‘husband and wife’ if they want no one to interfere in their lives.

Police To Decide on the Entry of Farmers To Delhi on Republic Day Says Supreme Court

While the Supreme Court heard a plea seeking an injunction against the tractor rally that is scheduled for January 26th, it held that it is the decision of the Delhi Police officers to see whether the protesting farmers should get entry into Delhi on Republic Day.

[Sushant Singh Rajput Case]: Republic TV & Times Now Hindered Investigation Probe Says Bombay HC

In November last year, the Court had reserved its judgement on the PILs that came from 8 former police officers from Maharashtra, lawyers, activists and NGOs, seeking restraining orders against the media trial in the Sushant Singh Rajput case.

Women Advocates Move To Supreme Court Against the Delhi HC Orders on Resuming Physical Hearing

Another writ petition has been filed by women advocates in the Supreme Court against the decision of the Delhi HC of directing the expansion of physical hearing of cases within the National Capital Territory of Delhi without giving an option to litigants to be represented by their lawyers virtually.

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus. The petition sought to direct...

More Articles Like This

- Advertisement -