Punjab & Haryana HC Seeks Assistance Of Advocate Generals In Streamlining Protection Pleas By Runaway Couples 'Flooding' The Court

The Punjab & Haryana High Court today, has sought the assistance of Advocate Generals of Punjab, Haryana, and the Standing Counsel of UT Chandigarh in streamlining the flooding of protection petitions by run-away couples in the Court.

Justice Sandeep Moudgil said it is requested to "Advocate General of Punjab, Haryana and Standing Counsel of UT Chandigarh to assist the Court in issue particularly effecting society...in public interest of society, whether any Standard of Operation can be formulated to streamline flooding of such cases in High Court by run away couples or as per circumstances in instant petition..."

Raising concern over filing of the protection petitions almost daily, the Court orally questioned the State and the legal aid counsel whether a mechanism could be made for streamlining the same since couples were running to the High Court for protection on the next day of their marriage.

The development came after a same-sex partner moved a habeas corpus plea while also seeking protection from her partner's family who allegedly detained her, opposing their same-sex relationship.

The petition filed by the alleged detenue's partner stated that the family members of the alleged detenu may compel her to marry someone of their choice, as they have already threatened to do the same or even cause her fatal physical harm.

Previously, the Court had questioned "Whether the parents can be said to be in the illegal custody of their own daughter," as the alleged detenu was a minor as per her school records and the Court allowed her parents to take her custody with an assurance, that no harm would be caused.

The bench had also flagged the production of two Aadhar Cards in the alleged detenu's name. One of the Aadhar cards was produced by the petitioner, reflecting the alleged detenu to be major, and the other was produced by the alleged detenu's parents, showing her to be a minor.

The Court opined that, "prima facie an attempt seems to have been made on the part of the petitioner to mislead this Court by producing a wrong date of birth."

In pursuance of the Court's direction, today the UIDAI submitted the documents in a sealed cover on the basis of which the Aadhaar card produced by the petitioner was updated. Pursuing the document Justice Moudgil said "there is nothing in the document which needs to be sealed hence, it can be shared with petitioner as well as the Amicus Curiae."

Considering that the arguing counsel for the petitioner had sought adjournment, the Court deferred the matter to January 29.

Advocate Anjali Sheoran appeared for Amrita Garg counsel for the petitioner.

Baljinder Singh Virk, Sr. DAG Haryana.

Sanjay Jain, Legal Aid Counsel for respondents No.4 & 5.

Varun Issar, Sr. Panel Counsel for UIDAI.

Case Title: X v. State of Haryana & Ors.