Live-In Couple Involving Minor Partner Cannot Seek Protection Irrespective Of Their Religion: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that live-in couple wherein one or both the partners are minor cannot seek protection from Court because they are not competent to enter into contract.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma held,"There is a bar against a minor entering into a contract...disability whereof also covers the makings of ill choices qua the...
The Punjab and Haryana High Court has held that live-in couple wherein one or both the partners are minor cannot seek protection from Court because they are not competent to enter into contract.
Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma held,
"There is a bar against a minor entering into a contract...disability whereof also covers the makings of ill choices qua the entering into a live-in relationship either with a minor or with an adult...If protection is provided to minor partners, who are in a live-in relationship where only one of them is a minor, or where both are minors, therebys the granting of the espoused protection, rather would run counter, vis-a-vis, well statutory crampings of discretions of a minor."
It added that minor belonging to any religious denomination is incompetent to contract. "The freedom to make choices by the minors are ably fettered, by the statutes respectively nomenclatured as The Hindu Minority and Guardianship Act, 1956, and, as nomenclatured as Guardians and Wards Act, 1890."
These observations were made while hearing a reference made by a single judge after noticing contradictory judgments of Single Benches on the issue.
On the issue of live-in couple involving minor partner, the Court noted that with respect to, "religious communities other than the Hindus, the Indian Majority Act, thus prescribing the age of majority, therebys becomes the regimen wherebys, there is a bar against a minor entering into a contract."
The Court said being the parens patria of the minors, it should ensure the welfare of the minor child in such situation and the child should be sent back to parents.
"The said solemn duty (parens patria) cast upon Courts of law, naturally requires that the minor concerned, rather than being permitted to be a partner in a live-in relationship either with a minor or with an adult, thus his/her custody is required to be ensured to be retrieved to his/her parents, and, natural guardian," the Court observed.
However, it added that in case the Court is of the opinion that there is an "imminent threat to the life of the minor" it can be proceed as per relevant provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and Court can direct the minor till his or her attaining majority, to stay comfortably at Children Home or at a Nari Niketan.
Title: Yash Pal and another v. State of Haryana and others