After parents accept marriage, High Court hands over minor girl’s custody to parents

Read Order: Kulbir Kaur & another vs State of Punjab & Ors.

LE Correspondent

Chandigarh, July 26, 2021: The Punjab and Haryana High Court handed over the custody of a minor girl to her parents after they accepted her marriage, solemnised against their wishes, with the man of her choice.

During the last hearing in the case on July 1, petitioner no 1 — the minor girl — was ordered to be kept at the government-run Aashiana home, Chandigarh.

The two petitioners, claiming themselves to be aged about 17 years and 6 months and 28 years respectively, approached the High Court seeking protection of their life and liberty on the ground that they got married on 16.06.2021 at their friend’s residence against the wishes of their parents and now they apprehend a threat from their family.

In the resumed hearing of the case on July 23, the minor girl submitted that she had gone with petitioner No.2 and had solemnized marriage with him out of her own free will.

Jasbir Kaur, the girl’s mother. had initially stated that her daughter had not solemnized marriage with petitioner No.2 but subsequently after joining the video conference during the court hearing she submitted that she, her husband and their relatives have accepted the marriage of their daughter with petitioner No.2 and there would be no danger to their life and liberty from their side.

“In view of the facts, Incharge of Aashiana, Sector 15, Chandigarh is directed to allow petitioner No.1 to go with her mother to her parental house,” stated the bench of Justice Arun Kumar Tyagi.

“However, in order to ensure welfare of petitioner No.1 and also to protect her life and liberty I consider it appropriate to direct and accordingly direct the Secretary of District Legal Services Authority, Tarn Taran to depute some lady Legal Aid Panel Advocate to periodically visit the house of parents of petitioner No.1 for interacting with petitioner No.1 and providing her requisite help/guidance and submit report for taking of appropriate action for her welfare, if any required,” the Bench said.

The HC added, “Needless to say that the Secretary, District Legal Services Authority, Tarn Taran shall also be at liberty to move this Court for issuance of appropriate directions, if so required”.