SAHIB Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for protection of life and liberty as the petitioners have allegedly got married against the wishes of their respective parents. Petitioner No.2 is stated to be 16 years of age and thus, she is a minor. It is also noticed that this marriage (if it can be called so) is her second marriage. Being a minor, the prohibition contained in Section 12 of the Prohibition of Child Marriage Act, 2006 would be attracted as also the fact that a second marriage of a Muslim girl is void.

(2.) Learned counsel for the petitioners has placed reliance upon two Single Bench judgments of this Court in Mohd Samim vs. State of Haryana, CRWP No.532 of 2018, decided on 26.09.2018 as well as Jakar and another vs. State of Haryana and others, CRWP No.9956 of 2020 decided on 16.12.2020. The judgment in Jakar (supra) does not refer to the Prohibition of Child Marriage Act, 2006 and I am respectfully not in agreement with the judgment in Mohd Samim (supra). However, irrespective of any complaint, the petitioners life and liberty deserve to be protected.

(3.) Notice of motion.