HC grants protection to runaway couple, says no bar on relevant proceedings if they are found to be minor

LE Desk

Chandigarh, July 1, 2021: The Punjab and Haryana High Court has ordered police protection to a runaway couple facing threat from their family members and relatives.

The court, however, held that since there was no firm proof of age of either of the petitioners other than their Aadhar Cards, if any of the petitioners is found to be below marriageable age, this order shall not be construed to be a bar on any proceedings initiated under that Prohibition of Child Marriage Act, 2006. 

Offences committed under the Prohibition of Child Marriage Act, 2006 are cognizable in terms of Section 15 thereof.

The court further stated that if any of the averments made in the petition is found to be incorrect, specifically with regard to either the petitioners being in any prohibited relationship to each other or as regards their previous marital status, this order shall not be construed to be a bar on proceedings initiated as per law.

The case pertained to a petition filed by a Chandigarh-based couple who sought protection of their life and liberty at the hands of their parents, brothers and other relatives

On a specific query, the petitioners stated that neither were they in any prohibited relationship to each other, nor had any of them been married earlier.

A bench of Justice Amol Rattan Singh held that since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution, without making any comment whatsoever on the validity of the marriage or otherwise, it was disposing of the petition with a direction to the local police to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents or at their behest.

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