Punjab And Haryana High Court Said, If Wife Is Minor And Marriage Is Not Valid Even Then Husband Is Her Guardian

The Punjab-Haryana High Court, while quashing the FIR of the girl being a minor and kidnapping in a love marriage case, held that if both are married and living together, then the husband is her guardian. In such a situation, it cannot be treated as a case of kidnapping and with this observation, the High Court issued an order quashing the FIR.

While filing a petition in the High Court, a youth resident of Panipat, Haryana, said that he and the daughter of the complainant had run away from home and got married. Due to this, the father had lodged an FIR under kidnapping and other sections. The petitioner said that it was only on the orders of the High Court that the complainant’s daughter’s statement was made before the DSP in which she had said that she had married of her own free will and the petitioner was her husband. After this, he admitted the same thing in his statement before the Sub-Division Judicial Magistrate.

The High Court, after hearing the petitioner and the complainant, said that even though the girl was a minor at the time of marriage, she had married of her own free will and at present they are living together. According to the Hindu Minority and Guardianship Act, the husband has the right to be the guardian of the girl.

The court said that according to the Hindu Marriage Act at that time this marriage could not be considered valid and according to the Guardians and Wards Act, the parents are the legal guardians but in this case both of them got married against the family and lived together. If so, then the husband is the guardian.

The High Court said that it is important to see in what is the welfare of the girl and in this case the girl is living happily with her husband and there is no problem in her in-laws’ house. Therefore, there is no justification for continuing the criminal proceedings against the husband.

The Punjab-Haryana High Court, while quashing the FIR of the girl being a minor and kidnapping in a love marriage case, held that if both are married and living together, then the husband is her guardian. In such a situation, it cannot be treated as a case of kidnapping and with this observation, the High Court issued an order quashing the FIR.

While filing a petition in the High Court, a youth resident of Panipat, Haryana, said that he and the daughter of the complainant had run away from home and got married. Due to this, the father had lodged an FIR under kidnapping and other sections. The petitioner said that it was only on the orders of the High Court that the complainant’s daughter’s statement was made before the DSP in which she had said that she had married of her own free will and the petitioner was her husband. After this, he admitted the same thing in his statement before the Sub-Division Judicial Magistrate.

The High Court, after hearing the petitioner and the complainant, said that even though the girl was a minor at the time of marriage, she had married of her own free will and at present they are living together. According to the Hindu Minority and Guardianship Act, the husband has the right to be the guardian of the girl.

The court said that according to the Hindu Marriage Act at that time this marriage could not be considered valid and according to the Guardians and Wards Act, the parents are the legal guardians but in this case both of them got married against the family and lived together. If so, then the husband is the guardian.

The High Court said that it is important to see in what is the welfare of the girl and in this case the girl is living happily with her husband and there is no problem in her in-laws’ house. Therefore, there is no justification for continuing the criminal proceedings against the husband.