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Home Haryana Punjab and Haryana High Court allows 17-yr-old to stay with her ‘mother-in-law’

Punjab and Haryana High Court allows 17-yr-old to stay with her ‘mother-in-law’

Saurabh Malik

Press Reporter News Service

Chandigarh, October 19

A lady doesn’t magically assume psychological maturity and knowledge on the stroke of the midnight hour on the eve of her 18th birthday, in accordance with the Punjab and Haryana Excessive Court docket. Her age of majority as prescribed have to be construed and interpreted within the context of the legislation for which it’s being thought-about, the Excessive Court docket has dominated.

The assertion got here as Justice Sanjay Kumar allowed a woman, 10 months in need of attaining majority, to stick with her “mother-in-law”. The judgment makes a clear-cut departure from the usual process of defending the “minor” woman’s curiosity by both entrusting her custody to her mother and father or sending her to a girls’s residence.

“Most occasions, this plan of action is to not the liking of the woman, who would have approached this court docket alongside together with her paramour in search of safety,” Justice Kumar asserted. The Bench acknowledged that the Excessive Court docket had at all times exercised “parens patriae” (authorized protector) jurisdiction in safety issues when the woman was discovered to be a minor, however sadly, there was no consistency as to how selections in these circumstances turned.

Referring to the information of the case in hand, Justice Kumar noticed that the woman had claimed having overheard her mother and father planning her marriage with a boy of their alternative, after which she ran away from residence and contacted the boy. Justice Kumar added that the minor was sure and unshaken in her opinion and want and it could not be proper and correct for the court docket to brush apart her views on the grounds that she was not 18 years outdated.

Justice Kumar asserted that the age of majority stood frozen at 21 for boys and 18 for ladies. Justice Kumar identified that it was an acknowledged indisputable fact that kids as of late attained each physiological and psychological maturity lengthy earlier than they accomplished the age of majority fastened for them by the statute way back.

Not required to disclaim factum of marriage

  • The legislation doesn’t require any certification as proof of marriage and registration, but to be made obligatory, could be affected any time publish facto
  • In a safety matter, the Excessive Court docket just isn’t required to disclaim the factum of marriage or affirm its validity
  • A husband won’t be liable to be prosecuted for rape beneath Part 376 of the IPC if his spouse is over 15 years of age, however will probably be liable to be prosecuted beneath provisions of the Safety of Youngsters from Sexual Offences Act if she is lower than 18 years outdated
  • An offence beneath Part 361 of the IPC, coping with kidnapping, just isn’t made out if the accused doesn’t compel the minor woman to depart her home

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