Can’t keep runaway bride in protection home against her wishes: HC

Saurabh Malik

Tribune News Service

Chandigarh, January 16

In an out of the ordinary case, the Punjab and Haryana High Court has ruled that a pregnant runaway bride of “tender age” detained against her wishes could not be kept in a protection home, especially when her husband was willing to take her under “his love and care”.

Justice Deepak Sibal also directed her production before the Ludhiana Chief Judicial Magistrate on Tuesday for “rehabilitating her permanently”. Orders have also been issued for gauging threat perception and medical examination.

The direction came on a petition filed by Lallu against the State of Punjab and other respondents for the detainee’s release. The Court was told that he and the detainee tied the knot in April last year against the wishes of the bride’s parents, who lodged an FIR against him.

His counsel added the girl’s parents in December last forcibly took her from his custody to an undisclosed place in Jammu and Kashmir from where she escaped before contacting the police.

After questioning her, the Jammu and Kashmir police handed her over to the Punjab Police. They, in turn, “illegally” kept her in a Jalandhar-based protection home, Gandhi Vanita Ashram. The counsel added the petitioner, being her husband, was legally entitled to her custody, especially when she was pregnant.

Appearing before Justice Sibal on Court directions, the detainee expressed fear of elimination at the hands of her parents/paternal uncle. As the case came up for resumed hearing, Justice Sibal asserted he had perused the order dated December 29, 2016, passed by the Magistrate directing the detainee to be kept in the ashram for her safe custody. As such, her detention in the ashram under Magistrate’s orders would not be illegal.

“After giving my thoughtful consideration to the peculiar facts of the present case, I am of the firm opinion that the detainee, against her wishes, being of tender age and pregnant with the petitioner’s child, cannot be kept in the Ashram, especially when the petitioner - her husband is willing to take her under his love and care”.

Justice Sibal said she had expressed fear of elimination, and an FIR of kidnapping had also been lodged by her parents. Keeping in mind the entirety of facts, he was of the opinion that the ends of justice would be met, if on January 17, she was produced before the Ludhiana Chief Judicial Magistrate, who would summon her parents, in-laws and the petitioner with sole object of rehabilitating her permanently. Justice Sibal asked the Chief Medical Officer to despatch forthwith a team of experts to examine the detainee before extending required medical help at state expenses.