Runaway Couple's Protection Plea: Punjab & Haryana High Court Directs SSP To Take Minor Girl's Custody

Hearing a plea filed by a runaway couple (a minor girl and a 28-year-old boy), claiming to be married and seeking protection, the Punjab & Haryana High Court last week directed the Chandigarh SSP to take over the custody of the minor girl (petitioner no. 1).

The Bench of Justice Arun Kumar Tyagi also gave the liberty to the police to take appropriate action against the 28-year-old boy (petitioner no. 2), in accordance with law as may be warranted by the facts and circumstances of the case.

The case in brief

The runaway couple had moved the Court seeking protection of their life and liberty on the averments that they performed marriage on June 16, 2021, at their friend's residence as per Hindu rites and ceremonies against the wishes of respondents No.4 to 6.

The Girl claimed her age to be about 17 years and 6 months, and the Man claimed that he is 28 years of age and they submitted that they are apprehending a threat to their life and liberty.

Their Counsel submitted that the petitioners, after performing marriage are living together, and that no action for the protection of their life and liberty had been taken by the police despite making of representation by them and thus, a direction in this regard was sought to respondents No.2 and 3 for protection of their life and liberty.

The State Counsel submitted that the Girl is less than 18 years of age falling within the definition of child under Section 2(a) of the Prohibition of Child Marriage Act, 2006.

Further, submitting that the Man was not entitled to the custody of a minor girl, it was submitted that Section 9 of the Prohibition of Child Marriage Act, 2006 provides punishment for 1 of a person who performs child marriage.

Lastly, he argued that the life and liberty of the minor girl had to be protected by sending her to a child care institution under the care of the Child Welfare Committee.

Court's order

In view of the facts and circumstances of the case, adjourning the case to July 23, 2021, the Senior Superintendent of Police, U.T. Chandigarh was directed to take over custody of the minor girl from the Man petitioner and ordered that till further orders to the contrary, she be kept in Aashiana, Sector-15, Chandigarh.

The SSP was also directed to take appropriate action for the protection of her life and liberty from danger at the instance of respondents No.4 to 6 and the Court clarified that all the expenses for a stay of the minor girl in Aashiana, Sector-15, Chandigarh shall be borne by the U.T. Chandigarh.

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