SYNOPSIS & DATES AND EVENTS

The petitioners approached this Hon’ble court seeking direction to

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

the petitioners and further directing respondent No. 4 to 7 not to

interfere with the life and liberty of petitioners or not to 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 7 or anybody else

to the petitioners.

25.09.2001 The petitioner no. 1 born.

25.09.1993 The petitioner no. 2 born.

2020 Both the petitioners came into contact.

12.05.2024 The parents pressurize the petitioner no. 1 to get marry

with a boy of their choice, the petitioner no. 1 denied for the same

and then the respondent no. 4 gave severe beating to the petitioner

no. 1

15.05.2024 The petitioner no. 1 left her parental house and came to

the house of petitioner no. 2

15.05.2024 The petitioners solemnized marriage as per Sikh Rights

and Rituals against the wishes of respondent no. 4 to 7.

15.05.2024 The petitioners moved representation to the police

authorities i.e. respondent no. 2 and 3 for protection.

Hence the Present petition.

(MOHIT KAKKAR & DHEERAJ K. SHARMAL)

PLACE: CHANDIGARH ADVOCATES
DATED: 16.05.2024 (P/628/2017 & PH/2531/2020)
COUNSEL FOR THE PETITIONER
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. Kuljeet Kaur, age about 31 Years, born on 25.09.2001, wife of Gurtej

Singh, daughter of Sh. Jagdish Singh, resident of Patti Jangir, Chirak,

District Moga, Punjab at present resident of Katahri, Tehsil Khanna,

District Ludhiana, Punjab.

(Aadhar Card No. 6395 1010 7920) Phone No. 98767 70019

2. Gurtej Singh, age about 31 Years, born on 25.09.1993, son of Sh. Daljit

Singh, resident of Katahri, Tehsil Khanna, District Ludhiana, Punjab.

(Aadhar Card No. 9877 7935 0824) Phone No. 98767 70019

...Petitioners
Versus
1. State of Punjab through Secretary, Department of Home & Justice, Punjab

Civil Secretariat, Chandigarh.

2. Senior Superintendent of Police, Khanna, Ludhiana

3. SHO concerned Police Station Payal.

4. Jagdish Singh (Father) S/o Sh. Nichattar Singh,

5. Mandeep Kaur (Mother) W/o Jagdish Singh

6. Jagmel Singh (Brother in law) son of Nishan Singh

7. Daljit Kaur (Sister) wife of Jagmel Singh

Respondent No. 4 to 7 are r/o resident of Patti Jangir, Chirak, District

Moga, Punjab.

...Respondents

(MOHIT KAKKAR & DHEERAJ KUMAR SHARMAL)

P/628/17 & PH/2531/2020
PLACE:CHANDIGARH ADVOCATES
DATE:16.05.2024 COUNSELS FOR THE PETITIONER
 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 7 further directing the

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

No. 4 to 7 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 lives and personal

liberty of the petitioners and further directing respondent No. 4 to 7 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 7 or anybody else to the

petitioners.

2. That the petitioners are major and known to each other for the last about

4 years and having likings for each other and wanted to marry with each

other, when they disclosed about their relations and desire to marry
 each other to their respective family members then they got agitated

over the relationship between the petitioners but later on the family of

petitioner no. 2 got agreed and family members and relatives of

petitioner no. 1 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 boy of their choice. Copy of Aadhar cards are annexed

herewith as Annexure P-1 and P-2.

3. That on 12.05.2024, the respondent no. 4 again pressurize the petitioner

no. 1 to get marry with a boy of his choice, the petitioner no. 1 denied for

the same and then the respondent no. 4 gave severe beating to the

petitioner no. 1 and thereafter on next, day the petitioner no. 1 left her

parental house and petitioners solemnized marriage on 15.05.2024 as

per Sikh Rights and Rituals at Gurdwara Dashmesh Pita Patshahi Dasvi,

Kharar, SAS Nagar. When the petitioner disclosed about the factum of

marriage to their respective parents, the respondent no. 4 to 7, who are

parents of petitioner no. 1, got furious and extended threats to the

petitioners to eliminate both the petitioners and has not accepted the

marriage of the petitioners and parents of petitioner no. 2 agreed with

the marriage lateron, since then the petitioners are running pillar to post

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

accordingly the petitioners are approaching this Hon’ble Court by filing

the present petition. Copy of Marriage certificate and photographs of

marriage are annexed herewith as Annexure P-3 and P-4.

4. That not only this, the respondent no. 4 to 7 i.e. family members of the

petitioner no. 1 visited the house of petitioner no. 2, but the petitioners

were not present at house and they threatened the family member of the

petitioner no. 2 and pressurized them to produce the petitioners before

them and thereafter the petitioners came to know about the same and
 since then the petitioners in order to save their life, hiding themselves

from one place to other and till date the respondent no. 4 to 7 searching

the petitioners and threatening them with dire consequences.

5. That the 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 is annexed

herewith as Annexure P-5.

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

on 15.05.2024 and performed first marriage with their free will and

consent solemnized with each other as per Sikh Rites and Rituals at

Gurdwara Dashmesh Pita Patshahi Dasvi, Kharar, SAS Nagar.

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

belongs to General caste and both the petitioners are educated as both

the Petitioner are 12th passed and at present petitioner no. 1

unemployed and having no income and petitioner no. 2 is agriculturist

having 4 Acre of Land in his village and is earning Rs. 20,000/- PM.

8. That the petitioner were having relation from last 4 years and having no

child from their relationship and this is the first marriage of the

petitioners and both the petitioners having no movable or immovable

properties in their names.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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?

14. 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.

15. 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 7 further directing

the respondents No. 2 and 3 not to allow/let

respondent No. 4 to 7 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;

(MOHIT KAKKAR & DHEERAJ KUMAR SHARMAL)

P/628/17 & PH/2531/2020
PLACE:CHANDIGARH ADVOCATES
DATE:16.05.2024 COUNSELS FOR THE PETITIONER
 IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB
AND HARYANA AT CHANDIGARH
Criminal Writ Petition ______________ of 2024
Kuljeet Kaur and another ...Petitioners
Versus
State of Punjab and others ...Respondents

Affidavit of Kuljeet Kaur, age about 23 Years, born on 25.09.2001,

wife of Gurtej Singh, daughter of Sh. Jagdish Singh, resident of Patti

Jangir, Chirak, District Moga, Punjab at present resident of Katahri,

Tehsil Khanna, District Ludhiana, Punjab.

(Aadhar Card No. 6395 1010 7920) Phone No. 98767 70019

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

Kuljeet Kaur and another ...Petitioner
Versus
State of Punjab and others ...Respondents

Affidavit of Gurtej Singh, age about 31 Years, born on 25.09.1993,

son of Sh. Daljit Singh, resident of Katahri, Tehsil Khanna, District

Ludhiana, Punjab.

(Aadhar Card No. 9877 7935 0824) Phone No. 98767 70019
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-1

Copy of Aadhar Card of Kuljeet Kaur /Petitioner No. 1

Logo Government of India

Photograph Kuljeet Kaur

DOB: 25.09.2001

Female

Bar Code

6395 1010 7920

xxx

Logo Unique Identification Authority of India

Address : D/O Sh. Jagdish Singh, Patti Jangir, Chirak, Moga,

Punjab, 142001.

6395 1010 7920

CERTIFIED TO BE TRUE COPY

ADVOCATE
 ANNEXURE P-2

Copy of Aadhar Card of Gurtej Singh/Petitioner No. 2

Logo Government of India

Photograph Gurtej Singh

DOB : 25.09.1993

Male

Bar Code

9877 7935 0824

XXX

Logo Unique Identification Authority of India

Address : S/o Sh. Daljit Singh, Katahri, Ludhiana, Punjab

141421.

9877 7935 0824

CERTIFIED TO BE TRUE COPY

ADVOCATE
 ANNEXURE P-3
Gurudwara Dashmesh Pita Patshahi Dasvi (Regd.)

Village Singa Devi, Tehsil Kharar, District Mohali

No. 119 Date : 15.05.2024

Time : 2:00 PM

Certified that marriage of Groom Gurtej Singh date of Birth

25.09.1993 son of Daljit Singh, R/o Katahri, Ludhiana, PB, Tehsil

Ludhiana PB, District Ludhiana PB. and Bride Kuljeet Kaur date of

birth 25.09.2001 daughter of Jagdish Singh, R/o Patti Jangir,

Chirak, Moga PB, Tehsil Moga PB, District Moga PB

Both are resident of above said address. Anand Karz of both, were

performed as per Sikh Rites and Rituals in the presence of Guru

Granth Sahib with their consent.

Note : If in future any of the person denied from their statement of

denied from the factum of marriage or found less age from

document submitted in Gurudwara, Gurudwara Sahib, Granthi

and Manager are not liable for the same, they themselves liable for

that.

Sd/- Groom Gurtej Singh Aadhar Card 9877 7935 0824

Sd/- Bride Rajpreet Aadhar Card 6395 1010 7920

Witness

Sd/- Sukhjit Singh

Sd/- Daljit Singh Photos

Stamp.
Gurudwara Granthi
Sd/- Kulvir Singh

CERTIFIED TO BE TRUE TRANSLATION COPY

ADVOCATE
ANNEXURE P-4
True copy

Advocate
 IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB
AND HARYANA AT CHANDIGARH

Criminal Writ Petition ______________ of 2024

Kuljeet Kaur and another ...Petitioners
Versus
State of Punjab and others ...Respondents
INDEX

SN Particulars Dates Page Cour

t Fee
Urgent Form 16.05.2024 --
A Synopsis Date & Events 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) 15.05.2024 12
8. Annexure P-4 (Photographs) 15.05.2024 13
9. Annexure P-5 (Representation) 15.05.2024 14-15
10. Power of Attorney 16.05.2024 16
VERNACULARS/PHOTOCOPIES
11. Annexure P-1 (Aadhar Card) ___ 17
12. Annexure P-2 (Aadhar Card) ___ 18
13. Annexure P-3 (Marriage Certificate) 15.05.2024 19
Total court fee:- Rs. 15/-
Note:
i. That the main law points canvassed in this writ petition are
contained in Para No. 13 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.

(MOHIT KAKKAR & DHEERAJ KUMAR SHARMAL)

P/628/17 & PH/2531/2020
PLACE:CHANDIGARH ADVOCATES
DATE:16.05.2024 COUNSELS FOR THE PETITIONER
IN THE HON’BLE HIGH COURT FOR THE STATES OF THE PUNJAB
AND HARYANA AT CHANDIGARH

Criminal Writ Petition ______________ of 2024

Kuljeet Kaur and another ...Petitioners

Versus

State of Punjab and others ...Respondents

Court Fees
______________________________________________ _____

______________________________________________ _____

Total Court Fees Rs. 14 /-

(MOHIT KAKKAR & DHEERAJ KUMAR SHARMAL)

P/628/17 & PH/2531/2020
PLACE:CHANDIGARH ADVOCATES
DATE:16.05.2024 COUNSELS FOR THE PETITIONER
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

Kuljeet Kaur and another ...Petitioners

Versus

State of Punjab 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.

Yours faithfully

(MOHIT KAKKAR & DHEERAJ KUMAR SHARMAL)

P/628/17 & PH/2531/2020
PLACE:CHANDIGARH ADVOCATES
DATE:16.05.2024 COUNSELS FOR THE PETITIONER
 To
1. SSP, Khanna
2. SHO, PS Payal

Subject: For protecting the life and liberty of the

applicants at the hands of Jagdish Singh
(Father), Mandeep Kaur, (Mother), Jagmel Singh
(Brother in law) and Daljit Kaur (Sister) R/o
Patti Jangir, Chirak, District Moga,
Punjab.
Sir,

With due respect it is submitted that

the applicants have solemnized marriage on

15.05.2024 against the wishes of persons

mentioned above.

The persons mentioned above are relatives

of applicant Kuljeet Kaur and are against

the marriage of applicants, because they

want to marry their daughter with a boy of

their choice and now they got solemnize

marriage against the wishes of parents and

the above said person are trying to

dissolve the marriage of applicants by

illegal means and they are continuously

threatening the applicants with dire

consequences to the extent of eliminating

them or to cause harm to the applicants for

marrying against their wishes. There is

every likelihood of false implication of

the applicants in some criminal cases.

That the applicants knew each other for

the last about 4 year and by the passage of

time they developed liking each other and

wanted to marry with each other.

That both the applicant informed about

their desire to get marry with each other

to their respective parents, family members

of applicant no. 1 i.e. above said person

start threatening them with dire

consequences and family members of

applicant no. 2 got agreed later on and

thereafter by managing both the applicant

ran away from their respective houses and

solemnized marriage on 15.05.2024 but the

above said persons are threatening the

applicants with dire consequences by saying

we have done wrong by solemnizing marriage

with each other without their consent and

thereafter both the applicants hiding from

them and running from pillar to post to

save themselves

Sir, the above said persons are

threatening the applicants with dire

consequences and are continuously searching

the applicants.

That the applicants on being apprehended

danger to their personal life and liberty,

are away from their house and want to

reside peacefully, within the jurisdiction

of your authorities, however, because of

the threats being given by the aforesaid

 persons, the applicants are away from the

house and as these persons have given

threats and they can go to any extent.

The applicants at present are not in a

position to approach you authorities in

person and present representation/complaint

is being sent through email. It is

therefore, very much necessary to take

appropriate action in the facts &

circumstances as stated herein above and

Kindly protect our marriage and also life

and liberty at the hands of persons

mentioned above. We shall be highly

obliged.

Dated: 15.05.2024
Submitted by

(i) Kuljeet Kaur w/o

Gurtej Singh
(ii) Gurtej Singh S/o

Daljit Singh,

Both r/o Katahri,

Tehsil Khanna, District

Ludhiana, Punjab