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2020 Supreme(P&H) 669
IN THE HIGH COURT OF PUNJAB AND HARYANA
Amol Rattan Singh, J.
Anjali And Another - Appellant
Versus
State Of Punjab And Others - Respondent
Criminal Writ Petition No. 3681 of 2020
Decided On : 12-06-2020
Kirti Kumar, Advocate
The fundamental right of protection of life and liberty under Article 21 of the Constitution of India was the central legal principle established in the judgment.
Headnote:
Protection of Life and Liberty - Marriage against Wishes - Fundamental Right under Article 21
Fact of the Case:
The petitioners sought protection of life and liberty after marrying against the wishes of respondents no. 4 to 7. Proof of age was provided through Aadhaar Cards. The court disposed of the petition with a direction to ensure the petitioners' safety without commenting on the validity of the marriage.
Finding of the Court:
The court emphasized the fundamental right of protection of life and liberty under Article 21 of the Constitution of India, without making any comment on the validity of the marriage.
Issues: Protection of life and liberty, validity of marriage, age verification
Ratio Decidendi: The court's decision was based on the fundamental right of protection of life and liberty under Article 21, without delving into the validity of the marriage or the proof of age provided.
Final Decision: The petition was disposed of with a direction to ensure the safety of the petitioners, without barring proceedings under the Prohibition of Child Marriage Act if the age of either petitioner is found to be below the legally marriageable age.
JUDGMENT
Amol Rattan Singh, J. - All cases listed today have been taken up for hearing by way of video conferencing because of the situation existing due to the COVID-19 pandemic.
2. By this petition, the petitioners seek protection of life and liberty at the hands of respondents no. 4 to 7, upon the petitioners having married each other (as contended) against the wishes of the said respondents, on 09.06.2020.
3. As regards proof of age of the petitioners, copies of their Aadhaar Cards have been annexed with the petition as Annexures P-1 and P-2 respectively.
4. On a specific query put to learned counsel for the petitioners, it has been stated that neither are the petitioners in any prohibited relationship to each other, nor has any of them been married earlier. He states that he has obtained specific instructions from the petitioners in that regard.
5. Consequently, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, without making any comment whatsoever on the validity of the marriage or otherwise, this petition is disposed of with a direction to respondents No. 2 and 3, i.e. the Senior Superintendent of Police, District SAS Nagar, Mohali, and the SHO Police Station, Trivedi Camp Mubarakapur, S.A.S. Nagar, Mohali, respectively, to ensure that the lives and liberty of the petitioners are not put to any harm or threat at the hands of the aforesaid respondents, or at their behest.
6. Since copies of the Aadhar cards annexed with the petition are no firm proof of age of the petitioners, if the age of either of the petitioners is found to be below the legally marriageable age as contained in the Prohibition of Child Marriage Act, 2006, this order shall not in any manner bar proceedings under the proceedings of that Act.
7. Naturally, if any of the averments made in the petition are found to be false, again, this order would not prevent any action to be taken as per law.
