CHANDIGARH: A petition filed by a lovelorn couple from
Punjab in which the girl was found to be minor has cost them dear, as the
Punjab and Haryana high court has not only separated them by sending the girl to a shelter home but also made it clear that the Punjab police may register a
FIR against the boy for marrying the minor girl. The HC has ordered the
Malerkotla police, under whose jurisdiction the boy resides, to protect his life and liberty.
Justice Arun Kumar Tyagi of the HC has passed these orders while hearing a petition filed by a couple from the Sangrur district of Punjab.
The couple, claiming to be aged 17 years and 6 months and 28 years, respectively, had approached the HC seeking protection of their life and liberty on the averments that they had got married on June 16, 2021, at their friend’s residence as per Hindu rites and ceremonies against the wishes of the relatives of girl and they are apprehending threat to their life and liberty at their instance. They had also claimed that a representation was given to the local police for protecting their life and liberty but no action was taken.
Responding to the petition, the counsel representing Punjab government, submitted that the girl is less than 18 years of age falling within the definition of child under Section 2(a) of the
Prohibition of Child Marriage Act, 2006. Section 9 of the Prohibition of Child Marriage Act, 2006, provides punishment for a person who performs child marriage. HC was informed that the boy is not entitled to custody of the girl and the girl has to be protected by sending her to a child care institution under the care of the
Child Welfare Committee.
The girl also prayed for providing requisite protection to her against physical harm by her relatives.
Hearing the case, Justice Tyagi directed
SSP Chandigarh to take over the girl’s custody and keep her in Aashiana, Sector 15, Chandigarh, to ensure protection of her life and liberty from her relatives.
“SSP Malerkotla is also directed to take appropriate action for protection of the life and liberty of the boy at the place of his present residence as may be warranted by the threat perception/facts and circumstances of the case. However, nothing in this order shall prevent him (SSP Malerkotla) from registering a criminal case against the boy and taking appropriate action against him in accordance with law as may be warranted by the facts and circumstances of the case,” ordered Justice Tyagi.
Now the case has been fixed for July 23 for further hearing.
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