Lawstreet Journal

“The validity of marriage cannot be a ground for denial of protection”: Punjab and Haryana HC on a petition by a young couple [READ ORDER]

Lawstreet Journal 25 May 2021 11:02pm

Image courtesy: Lawstreet Journal Judiciary “The validity of marriage cannot be a ground for denial of protection”: Punjab and Haryana HC on a petition by a young couple [READ ORDER]

The Punjab and Haryana High Court, on a petition (Farzana Begam @ Aman And Another V. State of Punjab And Others) filed by a young couple, reiterated that validity/invalidity of marriage between the petitioners should not be a ground to deny protection to their life and liberty.

The matter was heard by a single-member bench of the court comprising Justice Jasgurpreet Singh Puri through video conferencing.

The petitioners in the case are 21-year-old women and her 22-year-old husband. The petitioners approached the High Court with a writ petition under Article 226 of the Constitution. 

Advocate Bhavna Grewal appearing for the petitioners, submitted that the petitioners had married out of free consent and the women out of her will had converted to Hinduism for the marriage. It was also submitted that the relatives of the women are hostile towards the newly married couple, and the petitioners are worried for their life.

The counsel argued that since the petition relates to the protection of life, the validity of the marriage need not be considered. The counsel relied on the judgement of Division Bench of the High Court in Rajwinder Kaur and another Vs. State of Punjab and others argue that even if the marriage between the parties is invalid, protection of the fundamental rights under Article 21 is to be given.

After hearing the petitioner, the court issued notices to the respondents, which was accepted by the Additional Advocate General, Sidakmeet Sandhu. The Additional Advocate General submitted that the State had no… Continue Reading...

Tagged: Punjab and Haryana High Court  
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