In a rarely heard case related to runaway couples, the Punjab and Haryana high court has directed the Rohtak police to provide protection to a girl, who had married against the wishes of her parents, so that she can visit her parent's house to collect documents related to her education qualifications.
Interestingly, in this case, both the boy and the girl are MBBS doctors from well off families. The girl wants to join MD course but she is hesitant to visit her parents’ house apprehending threat to her life because of her decision to marry the boy of her choice. She wanted to visit her house to collect her birth certificate and educational certificates so that she may apply for MD course.
Justice Amol Rattan Singh of the HC passed the orders while hearing a petition filed by a Rohtak based couple, both MBBS doctors.
"The petitioners would be granted protection of life and liberty if they apprehend any threat thereto at the hands of respondents no.4 to 7 (family members of the girl) including at the time that petitioner no.1 (girl) goes to collect her certificates from her parental home, i.e. from the home of respondents no.4 and 5 (parents of the girl). She would be, therefore, given adequate protection by the SP and the SHO when she goes to collect her certificates from her parental home on the coming Tuesday, July 27 or any other date before August 1,” the judge has ordered.
Importantly, it was second petition filed by the couple apprehending threat to their life and liberty. Earlier on January 19, 2021, the HC had asked the SP Rohtak to look into the threat perception to the couple and take action accordingly.
In her fresh petition, the girl had sought directions to protect her and enable her to obtain her birth certificate, her educational qualification certificates and other documents from her parents’ house.
When the matter came up for hearing before the HC, the judge asked to cite the judgments that he wished to on the issue that once a petition titled as a criminal writ petition had already been finally disposed of by this court, how this Court have any jurisdiction to alter that judgment, in view of the bar contained in Section 362 of the Code of Criminal Procedure, 1973.
On this counsel for the petitioners, advocate Vikas Chatrath cited several judgements and vehemently argued about the necessity for the intervention of the court on the issue.
Chatrath contended that girl’s parents still not reconciled to the marriage. Counsel said that she was apprehensive that upon her going to her parental home to obtain her certificates, she may come under threat from them.
Hearing the contentions, the HC observed that the bar contained under Section 362 of the Cr.P.C would not apply in any case, with simply an observation to be made again by this Court as regards the protection to be granted by the police authorities.
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