HC allows protection to newly wed couple, says no bar on relevant action as groom below prescribed marriageable age

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Read Order: Sneha and another v. State of Punjab and others 

LE Staff

Chandigarh, July 3, 2021: The Punjab and Haryana High Court has allowed the petition of a newly wed couple from Punjab seeking police protection against threat perception from their family members. Since the groom was found to be below the prescribed marriageable age, the high court said this order should not be considered a shield to the petitioners against any relevant proceedings pertaining to their aforesaid marriage

The couple, who hail from Punjab’s Jalandhar district, approached the high court with a prayer for the issuance of a direction to the local police to protect their lives and liberty as they apprehend a threat to the same at the hands of their family members because the couple solemnised marriage against their parents’ wishes.

During the hearing, it was found that the groom had yet not yet attained the prescribed age of 21 years for the marriage.

The court of Justice Meenakshi Mehta, however, said that keeping in view the intent of the fundamental right enshrined in Article 21 of the Constitution, which ensures the protection of life and liberty the citizens, and without commenting or expressing any opinion on the legality and validity of the marriage as stated to have been solemnised between the petitioners, the Commissioner of Police, Jalandhar, is directed to look into the said representation of newly wed couple.

“If it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law,” she said.

The Judge, however, clarified that “this order shall not be construed to be a shield to the petitioners against any proceedings already initiated or intended/contemplated to be initiated by the competent authority/person on account of their aforesaid marriage and permissible under any relevant provisions of law”.

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