Kidnapping case against man who married minor quashed by Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, June 5

In a significant judgment, the Punjab and Haryana High Court has quashed a kidnapping case against a man, who married a minor, after ruling that he has the right to “hold as the girl’s natural guardian”. The assertion came after the Bench was told that the girl, minor at the time of marriage, was residing with the man on her free will.

The matter was placed before Justice Harnaresh Singh Gill’s Bench after the man filed a petition seeking the quashing of the FIR registered initially for wrongful confinement under Section 346 of the IPC. The offence of kidnapping under Sections 363 and 366 of the IPC was later added to the FIR.

Justice Gill observed the girl was alleged to be minor at the time of performing marriage. But the fact remained that she performed marriage with the petitioner on her free will. The parents were legitimate legal guardians under the Guardians and Wards Act, 1890, in the case of a minor and the marriage was voidable in terms of the Hindu Marriage Act.

But since the couple chose their life partners against the wishes of their parents and was carrying on the relationship and living together, the court could take the cognisance of the fact that the welfare of the ward was of paramount importance in accordance with Section 25 of the Guardians and Wards Act and could not be ignored.

Justice Gill added it was undisputed that the girl had solemnised marriage with the petitioner and their marriage certificate had also been placed on record. The petitioner, being the husband, was in relationship with the girl. In terms of Sections 19 and 21 of the Guardians and Wards Act read with Sections 6, 10 and 13 of the Hindu Minority and Guardianship Act, he had a “right to hold as the natural guardian of the minor Hindu girl married to him”.