Poonam and another vs State of Haryana and others

The petitioners, who are present in the court, are seeking

protection of their lives and liberty at the hands of respondents No.4

to 8, who are stated to be the parents, brother and other relatives of

petitioner No.1, on account of the fact that they have married each

other of their own free will, on 08.06.2017. Photographs of what is

stated to be a marriage ceremony have been annexed with the petition.

In support of proof of age, a copy of the Secondary

Examination Certificate issued by the Board of School Education,

Haryana, to petitioner No.1, (the original of which has not been

produced in Court), has been annexed with the petition, showing her

date of birth as 14.12.1999, thus making her 17 years and 6 months of

age.

As regards petitioner No.2, a copy of the certificate

issued by the Head Teacher, Government Primary School, Village

Chundipur, District Karnal, has been annexed with the petition, (the

original of which has also not been produced in Court), showing his

date of birth to be 12.07.1997, thus making him less than 20 years of

age.

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 submits that he has obtained specific instructions

from the petitioners in that regard.

Since protection of life and liberty is a fundamental right

of every citizen enshrined in Article 21 of the Constitution of

India, this petition is disposed of with a direction to respondents No.2

and 3 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.

However, it is made clear that if any of the averments

made in the petition is found to be incorrect, specifically with regard

to either the petitioners being in any prohibited relationship to each

other, or as regards their previous marital status, this order shall not be

construed to be a bar on any proceedings initiated as per law.

Both the petitioners, admittedly, being below the legally

marriageable age for females and males respectively, under the

provisions of the Prohibition of Child Marriage Act, 2006, (in short,

the Act), respondent No.2, i.e. the Superintendent of Police, Karnal, in

whose jurisdiction the petitioners are stated to be residing, is directed

to refer the matter to the Child Marriage Prohibition Officer

concerned, for initiating proceedings under the Act.