In the case of Divya Mattu and another vs State of Punjab and others, the petitioner, Divya, fearing honour killing against her by her parents, evoked a petition under Ar 226/227 for the protection of her life and liberty under Article 21.
Brief Facts of the Case
According to the report filed by the petitioner, Divya and her husband married each other legally and had a marriage certificate. Further, both of them had claimed to be majors.
As per the complainant, she had married against her parents’ wishes and started receiving death threats from her family after the marriage. She was afraid for her and her husband’s life.
Therefore, the petitioner prayed to the Court to provide protection to her and her husband’s life under the fundamental right to life and liberty under Article 21 by evoking a writ petition for the same under Article 226/227.
Arguments Made by the Respondents
The respondents claimed that the petitioner was a minor and she ran away with the man. They prayed that the necessary direction is given to the concerned police officer to look into the matter and decide the application.
Arguments Made by the Petitioner
The petitioner claimed to be a major and fears honour killing as she married against her parent’s wishes. She made statements against the respondents and claimed that she’s a major.
Further, the claims made by her parents were only to get her back as she married against their wishes.
Court’s Observations
As the matter is based on whether or not the girl is a major. The Court observed that the matter of the case should be looked into to decide whether or not the petitioner requires any protection to her life and liberty and whether she has violated any law or not.
Judgment
The Court directed the police to evaluate the evidentiary value of the documents placed on the file and look into the aforementioned issues surrounding the case. Based on that report, the court will decide whether the petitioner needs protection.
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