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The Punjab and Haryana High Court in the case of marriage which is void or invalid or there is absence of any marriage cannot be deprived of one’s Fundamental Right of seeking protection of life and liberty. Even if it’s a runaway couple who is claiming to have got married can seek police protection, if they fear something or they have received any threats.
Recently, there was a case where the runaway couple approached the High Court for police protection as they receiving threats from the family that they will be killed. While taking into consideration this matter the court noticed that the boy is not of a marriageable age. The basic fact that the boy is a minor cannot deprive him of his Fundamental Right of protection of life and liberty as mentioned in the Constitution of India, 1950.
The Court also noticed that one of the most important ingredient or essential condition of Hindu Marriage Act, 1955 is that the bridegroom should be a major i.e should be 21 years of age atleast and bride above 18 years. But section 11 of the Hindu Marriage Act, 1955 which says certain marriages are in contravention of section 5, to be void, but prevent a marriage solemnized in contravention of sub section (3) of Section 5, from the purview of being considered void or invalid.
Considering the threat and providing protection of one’s life and liberty if it is deemed fit. The court observed :-
“The issue in hand is not merely of a marriage of a runaway couple who is the petitioner here,but about a person’s fundamental right of seeking protection of life and liberty. There is no hesitation to hold that constitutional fundamental right under Article 21 of Constitution of India, 1950 which stand on a higher pedestal. Being so valuable and respected under the constitutional scheme it must be protected regardless the marriage is invalid or void or evn if there is absence of marriage in the party.
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