Newly wed couple’s protection plea in HC: Minor bride sent to child care home, groom may face FIR [Read Order: Kulbir Kaur & And vs State of Punjab & Ors]

By LE Staff

Chandigarh, July 2, 2021: A plea by a newly wed couple seeking protection from their relatives appears to have backfired on them as finding that the bride is a minor, the Punjab and Haryana High Court has issued directions to the police to send her to a child care home in Chandigarh under full protection.   

The High Court further said the groom, who is an adult and above the legal marriageable age, must be given full protection from any threat perception but at the same time passed direction not preventing the authorities from taking criminal action against him for marrying a minor girl.

The case pertained to a couple from Punjab who in their petition before the High Court stated that they got married on June 16 this year at their friends’ residence as per Hindu rites and ceremonies against the wishes of their families and started living together. They now apprehended a threat to their life and liberty.

The counsel for the couple submitted that no action for protection of their life and liberty has been taken by the police despite the fact that the couple made a representation before the police.

Appearing on behalf of the Punjab government, Assistant Advocate General P S Walia submitted that the groom was not entitled to custody of the bride because the latter is less than 18 years of age, falling within the definition of a child under Section 2(a) of the Prohibition of Child Marriage Act, 2006. Section 9 of the said act provides punishment for a person who performs child marriage.

The AAG stated that the life and liberty of the girl has to be protected by sending her to a child care institution under the care of the Child Welfare Committee. In support of his submissions, he placed reliance on a judgment of Supreme Court in Independent Thought vs. Union of India as well as Punjab and Haryana High Court’s previous order in Parminder Singh Vs. State of Haryana and others decided on 24.09.2020

The couple’s counsel told the court that they were currently staying in Chandigarh and protection to them must be provided here.

Deciding the matter, the court of Justice Arun Kumar Tyagi directed the Senior Superintendent of Police in Chandigarh to take over custody of petitioner No.1 (bride) from petitioner No.2 (groom) and to ensure that till further orders to the contrary, the petitioner No.1 is kept at government child care institution in Sector-15, Chandigarh and also to take appropriate action for protection of her life and liberty from danger at the instance of her relatives.

All the expenses for stay of petitioner No.1 shall be borne by the Chandigarh authorities, the court further stated.

The court then passed direction to the Punjab police to take appropriate action for protection of the life and liberty of petitioner No.2 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 it from registering criminal case against petitioner No.2 and taking appropriate action against him in accordance with law as may be warranted by the facts and circumstances of the case,” the court ruled.