Send bride back to father if minor: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, November 25

In an out-of-the-ordinary judgment, the Punjab and Haryana High Court has directed sending a runaway bride back to her father in case of her being a minor. Justice Sureshwar Thakur of the High Court also made it clear the protection order passed by the Bench in their matter would be subject to the condition that the bride’s father had not made any complaint regarding abduction of his daughter by the petitioner-groom.

The matter was brought to Justice Thakur’s notice after the couple filed a plea against the state of Punjab and other respondents through counsel Sarvesh Kumar Gupta for protection of life and liberty. Directions were also sought in the petition against interference in their peaceful life by the “bride’s” father and other relatives.

As the case came up for preliminary hearing, Punjab Deputy Advocate General Bhavna Gupta told the Bench there was no objection from the state’s side to “an order being made by this court to respondents concerned to look into, and decide through a speaking order, a representation” seeking protection.

Taking note of the submissions, Justice Thakur disposed of the matter after directing the respondents concerned to take a decision on the representation and pass a speaking order. For the purpose, Justice Thakur set three-week deadline.

Before parting with the order, Justice Thakur made it clear to the authorities concerned that they would, before complying with the order, ensure the runaway marriage solemnised between the co-petitioners was a sequel to both acquiring the relevant age of majority. Age of majority or “full age” is the age at which a person is granted by law the rights of an adult, such as ability to sue, and responsibilities, such as liability under contract.

“In case during the spell of the decision being taken upon the afore-representation by the authorities concerned, co-petitioner-bride has not evidently acquired majority, she be returned to the custody of her father, arrayed as a co-respondent. In case she has acquired majority thereupon, subject to her apposite volition being ascertained, she be permitted to stay in the company of co-petitioner-husband,” observed Justice Thakur.

Sets three-week deadline

Taking note of the submissions, Justice Sureshwar Thakur disposed of the matter after directing the respondents concerned to take a decision on the representation and pass a speaking order. For the purpose, Justice Thakur set a 3-week deadline.