Minor Girl Is Allowed To Live With Mother In Law - Synopsis
Karandeep Singh 26 Oct 2020

In Preeti vs. State of Haryana [CRWP-4181-2020], petitioner (Preeti and Sahil) solemnized on 23.06.2020 in a temple against the will of Preeti’s parents. Because of which they start getting constant threats from Preeti’s parents, for which they addressed to the Superintendent of Police (SP), Sonipat, on the same day they married. Relying upon that complaint, a writ petition was filed before The Punjab and Haryana High Court for seeking the protection from her parents. The Court passed an order on 26.06.2020 noting that Preeti was not even attains the age of 18 years (as she was of 16 years and 10 months) and there was no proof of a valid and lawful marriage which solemnized between them. Hence, notice was directed to be served to Preeti's parents, and the police authorities were directed to ensure that no harm was caused to Preeti and Sahil.

The learned counsel for the petitioner filed an application to recall the order dated 26.06.2020. On 09.09.2020, this Court noted that Preeti and Sahil claimed that they got married and if marriage was accepted, Sahil would be the Preeti's legal guardian. He also stated that Sahil's mother was ready to accept Preeti as her daughter-in-law and look after her.

The Punjab and Haryana High Court recounts on different citations and research such as Amnider Kaur and another vs. State of Punjab and another [2010 Criminal Law Journal 1154], Ravi Kumar vs. State and another [2006 (1) RCR (Criminal) 41], Jitender Kumar Sharma vs. State (Delhi) and another [2010 (4) RCR (Criminal) 20], Neelam Rani and another vs. State of Haryana and another [2011 (1) RCR (Civil) 636], etc of The Hon’ble Supreme Court, Roper vs. Simmons [543 US 551] of The US Supreme Court, and research of Study on Social Maturity of Adolescent College Students in Colleges, Tiruchirappalli’, observes that "the age of majority was altered once, but as on date it stands frozen at 21 years for boys and 18 years for girls. However, it is an acknowledged fact that children these days attain both physiological as well as psychological maturity long before they complete the aforestated ages of majority fixed for them by the statute long ago". Subsequently, single-bench judge comprising Justice Sanjay Kumar granted police protection to the petitioners and allowed Preeti to reside with her mother-in-law, and reside with her till she attains the age of 18 years.

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com