News By/Courtesy: Akanksha Dash | 27 May 2020 15:26pm IST

HIGHLIGHTS

  • The plea was filed by a runaway couple
  • The feared bodily harm and arrest
  • Court allowed the protection but refused to comment on the status of the couple

 
While dealing with a recent plea of protection of a runaway couple the Punjab and Haryana HC remarked that the court need not go into the concept of morality or preach morality and human behavior while dealing with such petitions. They are a matter of life and liberty under Article 21.
In this case, a couple was praying for protection by the police have they apprehended arrest and danger to life. An FIR had been registered against them alleging that the girl is a minor. However, in the present petition, they had filed an affidavit stating that the girl is a major.
The Court stated that the prayer is based on Article 21 and therefore deserves immediate attention. Plus, such a marriage is not void under the Hindu Marriage Act 1956 but merely voidable at the option of the minor.
The single-judge bench of Justice Rajiv Narain Raina stated that “there is a dispute regarding the age of the girl, yet the prayer is based on Article 21 of the Constitution of India, and therefore, deserves the immediate attention of the Police Department to ensure that the petitioners are not unduly harassed by anyone including the private respondents. It is not for this Court in a protection petition to engage itself in social mores, norms, and human behavior or introduce personal ideas on morality. Even if it is assumed that the girl is minor, it must be remembered that in the Hindu Marriage Act, 1956 marriage of a minor girl is not void but voidable on reaching the marriageable age.”
The couple was apprehending arrest and also feared bodily harm from private respondents and have prayed for the direction to the local police of Chandher to ensure that they are protected from harm.
The Court relied on the case of Lata Singh v State of UP & Another and ordered that “the Senior Superintendent of Police, Amritsar is directed to personally look into the matter and offer help, which is consistent with their safety. For this, the petitioners would contact the office of the Senior Superintendent of Police, Amritsar gives their contact numbers, who will take up the matter immediately and take such action as is warranted by law so that no harm comes to the petitioners and they be not arrested in the FIR registered in this regard.”
The petition was disposed of and the Court refrained from expressing any opinion of the “status of the petitioners in the society.”
Reference:
https://www.livelaw.in/news-updates/courts-should-not-engage-itself-in-social-mores-or-introduce-personal-ideas-on-morality-in-a-protection-petition-punjab-haryana-hc-read-order-1573705

THIS ARTICLE DOES NOT INTEND TO HURT THE SENTIMENTS OF ANY INDIVIDUAL, COMMUNITY, SECT, OR RELIGION ETCETERA. THIS ARTICLE IS BASED PURELY ON THE AUTHOR'S PERSONAL VIEWS AND OPINIONS IN THE EXERCISE OF THE FUNDAMENTAL RIGHT GUARANTEED UNDER ARTICLE 19(1)(A) AND OTHER RELATED LAWS BEING FORCE IN INDIA, FOR THE TIME BEING.

Section Editor: Pushpit Singh | 03 Jun 2020 14:21pm IST


Tags : marriage, couple, fir

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