Merely because the marriage was void, a couple will not be deprived from seeking protection (P&H HC).

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Merely because the marriage was void, a couple will not be deprived from seeking protection (P&H HC).

Rohit Pradhan | 14th October 2019

Navpreet Kaur and anr. v. State of Punjab, CWP No. 29048 of 2019 (O&M)

Background

The case was of a ‘runaway’ couple’ where they alleged that, their parents are against their will to marry. It was alleged that, their parents have threatened to kill both of them in suitable occasion. Therefore they approached the Punjab and Haryana High Court seeking Police Protection.

Court’s finding

Court noticed that the boy was not of marriageable age.

Court’s observation

It was observed that, merely because the boy hasn’t crossed the marriageable age, it can’t be inferred that couple will be deprived of their fundamental rights as has been envisaged in the Constitution of India.

Essential condition under ‘The Hindu Marriage Act, 1955) is that, bridegroom shall complete the age of 21 years and bride shall complete the age of 18 years. But if such essentiality is breached, it will not make the marriage void itself but by the virtue of Section 11 of the Act, voidable.

Court’s ruling

Court granted the Police protection.

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Rohit Pradhan

Rohit Pradhan

Rohit Pradhan is a distinguished lawyer practicing in the Supreme Court of India, High Court, and various other courts and tribunals in Delhi and the Delhi NCR. He is an esteemed member of the Bar Council of Delhi, with a passion for delivering justice and upholding the law. Rohit's extensive legal expertise and dedication to his profession are well-recognized in the field. Notably, he is the author of the comprehensive legal resource, 'Franchise Laws in India', a book graced with a Foreword penned by none other than the former Chief Justice of India, NV Ramana. Despite his prolific career, Rohit's intent with this website is not to solicit his profession but to impart knowledge and awareness about consumer rights and legalities, thereby empowering citizens to navigate the legal landscape with confidence.

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Rohit Pradhan

Rohit Pradhan

Rohit Pradhan is a distinguished lawyer practicing in the Supreme Court of India, High Court, and various other courts and tribunals in Delhi and the Delhi NCR. He is an esteemed member of the Bar Council of Delhi, with a passion for delivering justice and upholding the law.

Rohit's extensive legal expertise and dedication to his profession are well-recognized in the field. Notably, he is the author of the comprehensive legal resource, 'Franchise Laws in India', a book graced with a Foreword penned by none other than the former Chief Justice of India, NV Ramana.

Despite his prolific career, Rohit's intent with this website is not to solicit his profession but to impart knowledge and awareness about consumer rights and legalities, thereby empowering citizens to navigate the legal landscape with confidence.

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