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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