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Merely Because The Boy Is Not Of Marriageable Age, The Right Of A Major Couple To Live-Together Can't Be Denied: Punjab And Haryana HC

Team SoOLEGAL 30 Dec 2020 3:17pm

Merely Because The Boy Is Not Of Marriageable Age, The Right Of A Major Couple To Live-Together Can't Be Denied: Punjab And Haryana HC

Punjab and Haryana High Court while hearing a criminal writ petition regarding enforcement of fundamental rights, was of the view that the right of the petitioners to live-together cannot be denied even if the boy is not of marriageable age. Justice Alka Sarin was hearing a criminal writ petition which was filed by the petitioners to seek protection under Article 21 of Indian Constitution from the hands of the respondents.

The Court was of the view that marriageable age is not an important factor in this case. The main fact is that both the petitioners have attained the age of majority and hence, being an adult both of them has a right to live his/her life as he/she dreams fit. In this case, both the petitioners wanted to marry each other but the parents of the petitioner number 1 (the woman), did not agree for this marriage and also they used to beat her, they also had snatched her mobile phone and also the parents had threatened to kill her if she kept any kind of relationship with petitioner number 2 (the man).

On 20th December 2020, the woman left her home and started to live with petitioner number 1 but respondent number 4 and 6, the relatives of the woman started to threaten the petitioners. It was further argued that the petitioners had already moved an application to the Senior Superintendent of Police, Fatehgarh Sahib District, Punjab but no action was taken.

The Court was of the view that, as both the boy and the girl had attained the age of majority hence, they have the full right to decide for themselves what is good for them and what is not. She has agreed to take a step towards living-in-relationship with petitioner No.2 who is also major, although he may not be of marriageable age but that is not the main fact in this particular case. The respondent cannot direct the girl on how she chooses to spend her own life.

While taking into consideration the fact that the boy is not of marriageable age, the Court had ordered the Senior Superintendent of Police, Fatehgarh Sahib, to make a decision on the representation dated 20.12.2020 and to take appropriate actions as needed by statute.



Tagged: Marriageable Age   Punjab And Haryana HC   fundamental rights   Justice Alka Sarin   Indian Constitution   Article 21  
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