HC to act guardian of girl up in arms against her parents

Saurabh Malik
Tribune News Service
Chandigarh, March 26

When a teenager moved the Punjab and Haryana High Court through a friend seeking protection against her own parents, little did she realise that the Bench would take upon itself the task of acting as her guardian – at least for the time being.

Refusing to allow her to withdraw her petition filed through a boy just about five years elder to her, Justice Manoj Bajaj made it clear that the court could act as her de jure guardian for the time being in the absence in of a natural guardian or “next friend”. “It would be in the interest of the petitioner if she is kept in Aashiana (juvenile home for girls) Sector 15, Chandigarh, during the pendency of the petition,” Justice Bajaj ruled. Her parents were also directed to remain present in the court on the next date of hearing.

Aged over 16, the girl had moved the court through her friend Jaswinder Singh for protection from her parents, allegedly compelling her to solemnise marriage with a boy of their choice against her wishes. Directions were also sought to them against interfering in her personal life and liberty.

The Bench initially asked the Patiala SSP to file a report after an inquiry on allegations in the petition. As the case came up for resumed hearing, the state counsel, assisted by the SHO of the Samana city police, asked for additional time to file a report in terms of the earlier orders.

Referring to the petition, Justice Bajaj asserted that its perusal revealed that the petitioner had levelled allegations against her parents regarding beating her up and forcing her to marry a boy of their choice, which was opposed by the petitioner wishing to pursue her education. A brief representation in this regard stood submitted by her to Patiala SSP.

Justice Bajaj added that the pleadings contained in the petition were vague and did not disclose valid reason for picking up Jaswinder Singh (21) as next friend to institute the present petition against the parents. In response to a query by the court, her counsel stated that she left her house on March 4 and was residing with Jaswinder Singh in his aunt’s house in Patiala district.

“This court is not inclined to accept the status of Jaswinder as a lawful guardian as there is nothing to indicate that how the petitioner became a friend of Jaswinder, who is five years older than her…. It does not appeal to prudence that a girl has not chosen any other relative and has picked up Jaswinder Singh as next friend for the relief sought through this petition.

“At this stage, it is difficult to accept Jaswinder as guardian/next friend of the petitioner, in the absence of specific averment that his interest is not adverse to that of the minor and the petition is being filed to achieve the welfare of the child,” Justice Bajaj said, while issuing a notice, accepted by UT counsel Ashima Mor.

Girl had moved court through friend

Aged over 16, the girl had moved the court through her friend Jaswinder Singh for protection from her parents, allegedly compelling her to solemnise marriage with a boy of their choice against her wishes.