The main legal point established in the judgment is that the marriage of a minor girl is void under the Prohibition of Child Marriage Act, 2006, and the persons involved in performing the marriage are liable for punishment under the Act.

1. This Court is flooded with the petitions filed by run away couples in which the girls, who have just attained the majority, are filing petitions seeking protection for life and liberty allegedly threatened by their parents, who could be seen wailing helplessly and haplessly chasing their daughters in the corridors of this Court, who out of infatuation, are marrying young boys who could hardly provide them any future.

2. This is yet another case of a run away couple, who has filed the present petition under Sec.482 of the Code of Criminal procedure, 1973 (for short cr. P. C. ) seeking direction to respondents Nos.1 to 3 to protect their life and liberty which is alleged to have been threatened by the parents of petitioner No.1 much less respondent No.4 as they have got married against his wishes.

3. According to the averments made in the petition, petitioner No.1 is a Brahmin whereas petitioner No.2 is a Jatt Sikh. Although ho documentary evidence has been placed on record to prove the date of birth yet it is averred in para 5 of the petition that petitioner No. l was born on 20.8.1991 and petitioner No.2 was bom on 22.2.1988. It is further averred that they have got married as per Sikh rites at Guru Nanak Gurudwara (registered Phase VI Mohali) as per Marriage certificate which is attached as Annexure p-1. The petition is supported by an affidavit of petitioner No.1. Notice of motion was issued on 26.10.2009 for 30.10.2009. In response to the notice, respondents Nos.1 to 3 have appeared through counsel for the State of Punjab whereas respondent No.4 is represented by Sh. Nandan Jindal, Advocate.

4. Counsel for respondent No.4 sought time to file reply and on 4.11.2009 along with crm No.55710 of 2009, reply was filed which was taken on record. It is averred in the reply that petitioner No. l was born on 20.8.1993 and was 16 years and 2 months of age at the time of alleged marriage. A Middle standard examination certificate of Punjab school Education Board, held in February 2006 showing her date of birth was attached as Annexure R-4/1. It is further averred that respondent No.4, father of petitioner No. l himself got married on 22.7.1992 for which a translated copy of the Marriage Invitation card is attached as Annexure R-4/2. It is further averred that answering respondent No.4 has lodged FIR No.235 dated 22.10.2009 under Sections 363/366-A IPC at Police Station Patran, District Patiala against petitioner no.2 Gurbhag Singh, his mother Jasvir Kaur and father Lakha Singh for abducting and alluring his minor daughter for marriage. It is further alleged that petitioner No. l is a minor and petitioner No.2 is uneducated and unemployed person having no means of livelihood. During the course of hearing, another crm No.54156 of 2009 has been filed by the petitioners in order to place on record some photographs of the marriage as annexures P-2 and P-3 and CRM Nos.56394 and 56395 of 2009 are filed by respondent no.4 in order to place on record Annexures r.-4/3 and R-4/4. Both the applications are allowed and documents (Annexures R-4/3 and R-4/4) are taken on record. It is pertinent to mention here that petitioner No.2 did not place on record any documentary evidence to rebut the documents Annexures R-4/3 and R-4/4 wherein the date of birth of petitioner No. l is recorded as 20.8.1993.

5. Thus, from the resume of the afore-stated facts, it is apparent that petitioner No.1 was 16 years and 2 months of age at the time of her marriage, which is alleged to have been performed oh 21.10.2009 and a Criminal case has been registered by respondent No.4 against petitioner No.2 and his parents vide fir No.235 dated 22.10.2009 under Sections 363/366-A IPC at Police Station Patran, District Patiala.

6. Learned counsel for the petitioners has vehemently argued that the petitioners had a love affair being neighbours but as they belong to different castes, could not persuade their parents for their marriage and had to take the extreme step of