Underage couples who tie knot have right to protection, says HC

Chandigarh | Wednesday | 16th October, 2019

Summary:

Saurabh MalikTribune News ServiceChandigarh, October 15A bride who ties the knot with an underage groom will not part ways with their fundamental right to seek protection of life and liberty, the Punjab and Haryana High Court has ruled. The mere fact that the groom is not of marriageable age will not deprive the petitioners of their fundamental right to seek protection as envisaged in the Constitution of India, the Bench has asserted. Without going into validity of the marriage, Justice Monga asserted that the petitioners had not solemnised a valid marriage as per Sub Section (iii) of Section 5 of the Hindu Marriage Act. The issue in hand, however, was not marriage of the petitioners, but the deprivation of fundamental right to seek protection of life and liberty. Justice Monga added that the court had no hesitation to hold that the Constitutional fundamental right under Article 21 stood on a much higher pedestal..