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Indian Court says Minors eloping to marry not an offence

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Minors eloping to marry not an offence: High court


CHANDIGARH: Desiring to marry the person a girl loves is not an offence even if she is below 18, the Punjab and Haryana high court has ruled in a clear message to people supporting killings in the name of honour.

The court asked police to provide protection to couples, who have got married against the wishes of their parents, in its common order. The ruling came in response to different petitions from couples, including minors, seeking police protection from their parents and relatives.
Justice Mahesh Grover of the vacation bench observed a young girl in love has two courses available — to marry with the consent of her parents or to wait for attaining the age of 18.

"A father has no right to forcibly marry off his daughter, who is even below 18 years against her wishes. Neither he has right to kill her because she intends to marry out of her religion," said the judge on October 15.

"If a girl around 17 years of age runs away from her parents' house to save herself from the onslaught of her father and relatives and joins her lover or runs away with him, it is no offence either on the part of the girl or on the part of the boy with whom she ran away and married."

The HC referred to various Supreme Court judgments and observed if parents do not agree to such alliances, the couple has a right to protect themselves.


The court has been flooded with petitions from couples even during the vacation period due to rampant killings in the name of honour in Haryana.

The vacation bench received 20 pleas from couples' daily seeking police protection. They accounted for 80% of cases the bench heard during this period.

In majority of cases, girls have filed petitions fearing threats to their lives for marrying boys of their choice.

"During vacations, only one judge sits in the bench to hear petitions like habeas corpus or similar matter involving urgency," said a HC official.

The HC had in July 2012 empowered all district and sessions judges along with the district administrations to protect couples, who have married against their parents wishes.

Despite this, Chandigarh is still a favourite destination for them as they are scared of approaching district courts in their native areas.



Minors eloping to marry not an offence: High court - The Times of India
 
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Sensationalism at best . Important Highlights

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"If a girl around 17 years of age runs away from her parents' house to save herself from the onslaught of her father and relatives and joins her lover or runs away with him, it is no offence either on the part of the girl or on the part of the boy with whom she ran away and married."


"A father has no right to forcibly marry off his daughter, who is even below 18 years against her wishes. Neither he has right to kill her because she intends to marry out of her religion," said the judge on October 15.



Marriage Law in India

India: You can get married at 16 with parental consent. 18 with out parental consent.[37] If any partner(s) engages in marriage at a younger age, (s)he can ask for the marriage to be declared void. A recent recommendation by the Law Commission aims to equalize the marriage age for males and females to 18.[38] Official policy automatically declares marriages under 16 as "null and void", while marriages at the age of 16 or 17 are "voidable". In 2012, high court has declared that Muslim women can marry at 15.[38]


MArriage Law in Pakistan
Pakistan: 18 for males, 16 for females.


So i don't see nothing wrong in his statement .
 
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Well. If a minor feels that she is no longer safe with her parents, then she has every right to run away. But the problem is the girls of that age can be easily misled.
 
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good judgment.
thanks for highlighting the important parts.
@Cherokee
 
Last edited by a moderator:
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Sensationalism at best . Important Highlights

"
"If a girl around 17 years of age runs away from her parents' house to save herself from the onslaught of her father and relatives and joins her lover or runs away with him, it is no offence either on the part of the girl or on the part of the boy with whom she ran away and married."


"A father has no right to forcibly marry off his daughter, who is even below 18 years against her wishes. Neither he has right to kill her because she intends to marry out of her religion," said the judge on October 15.



Marriage Law in India

India: You can get married at 16 with parental consent. 18 with out parental consent.[37] If any partner(s) engages in marriage at a younger age, (s)he can ask for the marriage to be declared void. A recent recommendation by the Law Commission aims to equalize the marriage age for males and females to 18.[38] Official policy automatically declares marriages under 16 as "null and void", while marriages at the age of 16 or 17 are "voidable". In 2012, high court has declared that Muslim women can marry at 15.[38]


MArriage Law in Pakistan
Pakistan: 18 for males, 16 for females.


So i don't see nothing wrong in his statement .

Nothing wrong in eloping for saving life indeed.

The question is age of marriage.

If eloping 16 years old get marry, does it violate marriage age law?
 
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Nothing wrong in eloping for saving life indeed.

The question is age of marriage.

If eloping 16 years old get marry, does it violate marriage age law?

What do you mean by "LAW". Is law for people or people are for law?:hitwall: Again, there are conditions in any"LAW".
 
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When I was 17 in 11th standard, I also fell in love with a 16 year old girl from 10th std in the convent school next door to ours. My two elder brothers and her brothers were enemies though (I think that too started with a girl somewhere) and when they found out our life was hell.

We too thought of running away that time (I was going to sell my dad's old LML Vespa and she and I had already done a deal with a tout to buy and strip an old dilapidated Morris Minor in her compound - no papers).

I was heart broken when her dad shifted to Delhi (he was in a public sector bank). :(

Childhood love is always the sweetest. Nothing comes close after that.
 
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Nothing wrong in eloping for saving life indeed.

The question is age of marriage.

If eloping 16 years old get marry, does it violate marriage age law?


I think so Yes , but again if that is to save life or save yourself from Getting forcibly married , i would stand behind this judgement .
 
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What do you mean by "LAW". Is law for people or people are for law?:hitwall: Again, there are conditions in any"LAW".

So technically your law will permit marriage of under 18 the age limit set by the same court ?

Just asking
 
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People are so interested in crossing swords online and gaining upper hand that when a brother shares his real life sad story no one even puts a hand around his shoulders and says hausla rakh mere bhai .....
 
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some observations of court are commendable like the consent of the girl
 
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[Bregs];4882361 said:
legal age of marriage for girls is 18 and that is a law

The judgment said even 17 years old if elope and marry its legal.
 
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