Minor girl can’t stay with live-in partner, rules HC

Saurabh Malik

Tribune News Service

Chandigarh, July 10

The Punjab and Haryana High Court has made it clear a minor girl in a live-in relationship, prima facie, could not be allowed to stay with her partner. She was required to be sent to a child care institution.

Must be sent to child care home

• The court asked police to take over 15-year-old girl’s custody before shifting her to Ashiana, Sector 15, Chandigarh
• The direction came in a case of a live-in couple seeking directions for protection of their life

The direction came in a case of a live-in couple seeking appropriate directions for protection of their life and liberty. Taking up the matter, Justice Arun Kumar Tyagi asked the police authorities to take over 15-year-old girl’s custody from the 19-year-old boy before entrusting it to the in-charge, Ashiana, Sector 15, Chandigarh.

Justice Tyagi also referred to observations made by the Supreme Court in the case of “Independent Thought versus the Union of India and another” and the High Court judgment in the case of “Parminder Singh versus State of Haryana and others” before observing prima facie the boy was not entitled to the girl’s custody and she was to be kept in a child care institution for ensuring protection of her life and liberty.

Justice Tyagi made clear the court’s intent to travel beyond just the issue of protection to the runaway couples and look at the issue from a social angle as well. Justice Tyagi appointed two senior advocates, Amit Jhanji and Gursharn Kaur Mann, as amicus curiae or the friend of the court to assist the Bench in its endeavour. Justice Tyagi also put senior police officers on notice.

Justice Tyagi added: “The case involves questions as to whether a minor girl, who has not attained marriageable age of 18, is entitled to reside with a person of her choice in live-in relationship in the nature of marriage; whether such a minor girl can consent to her removal from lawful guardianship and also to live-in relationship in the nature of marriage with consummation thereof by such person; and whether such person, not being husband, can purport to act as guardian of the minor girl and claim her custody without seeking order from guardian judge/family court…”

Justice Tyagi added another question involved was whether the fundamental right to protection of life and liberty could be extended to the protection of the minor girl for residing with such a person in live-in relationship. Justice Tyagi added the questions required threadbare adjudication with reference to all relevant judicial precedents in this regard. Before parting with the case, Justice Tyagi made Haryana and Chandigarh a party, along with Punjab.