Courts Update Validity of marriage inconsequential, while objective is protecting life...

Validity of marriage inconsequential, while objective is protecting life of a couple: Punjab & Haryana HC

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New Delhi, May 24 (ILNS): The Punjab and Haryana High Court today said the validity of the marriage cannot be a ground for denial of the protection of life and liberty.

Two petitioners (couple) had approached the High Court, asking for protection, claiming that their lives were in danger because certain people do not want their marriage.

The defence questioned the validity of the marriage.

The couple married out of free consent. The woman was earlier Muslim by religion and converted to Hinduism. The couple prayed for the grant of protection of life and liberty.

Justice Jasgurpreet Singh Puri said: “The scope of the present petition is only regarding the protection of life and liberty of the petitioners and therefore, the validity of the marriage cannot be a ground for denial of such protection.

“Consequently, it is directed that the respondent No 3 shall look into the representation and if so required, shall ensure the protection of life and liberty of the petitioners pertaining to their lives. It is made clear that the present directions are being issued only for the purpose of protection of life and liberty of the petitioners and does not reflect anything whatsoever on the validity of the marriage.”

The petitioner relied on a Division Bench Judgement, titled Rajwinder Kaur and another vs State of Punjab and Ors, to contend that even if the marriage between the petitioners inter-se is not valid, the right of protection of life and liberty is guaranteed under Article 21 of the Constitution and, therefore, has prayed for the issuance of such directions.

The petitioner further submitted that the private respondents were opposed to the marriage and, therefore, there is an acute threat at the hands of private respondents and has prayed for protection of life and liberty. ILNS\KR\SJ\RJ

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