Uttarakhand High Court ruled that both individuals are minors, prioritising legal protection over the couple’s plea. The Court ordered the girl to be shifted to a shelter home and directed police to take the male companion into custody.
The Uttarakhand High Court has passed an important order in a case involving a young couple, highlighting the legal position on minors and protection pleas.
While hearing the matter in Nainital, Justice Rakesh Thapliyal directed authorities to shift the girl to Nari Niketan in Haldwani. The Court also ordered that the male companion be taken into custody.
The case came before the Court through a protection plea filed by the couple. However, after examining official records, the Court found that the girl was born on October 2, 2008, which clearly makes her a minor under Indian law.
The Court further noted that the male petitioner is also below the legally permitted age for marriage. This finding became crucial, as Indian law does not recognize marriage involving minors and prioritizes their protection and welfare.
During the proceedings, the Court considered a police report which revealed that the girl’s father had already filed a complaint at Rajpura City police station in Patiala.
The complaint accuses the male companion of kidnapping under relevant legal provisions. The police also informed the Court that the girl is currently studying in Class 10, reinforcing her status as a minor who requires legal protection.
Sub-Inspector Praveen Kumar from Mallital police station appeared before the Court as directed. After hearing all sides, the Court instructed the officer to immediately shift the girl to Nari Niketan, a protective home meant for women and minors. The Court also allowed the girl’s father to meet her once he arrives from Punjab and clarified that after proper verification, custody of the girl may be handed over to her father.
In relation to the criminal case filed in Punjab, the Court directed the local police to coordinate with Punjab Police to ensure that the male petitioner is taken into custody in connection with the pending kidnapping allegations.
This case highlights the strict approach taken by courts when minors are involved in relationship or elopement cases. Even when a protection plea is filed by the couple, the Court prioritizes statutory provisions related to age, consent, and guardianship, ensuring that the safety and welfare of minors remain the primary concern.
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