KULWANT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present criminal writ petition under Article 226 of the Constitution of India, for directing respondent Nos.2 and 3, to produce detenue-Ramjot Kaur.

(2.) On filing of writ petition, notice was issued to respondents and detenue-Ramjot Kaur was produced in Court on 31.07.2015. On request of learned counsel for the petitioner, the petitioner was allowed to talk to the alleged detenue in the Court and at that stage Ramjot Kaur stated that she wanted to accompany her husband only and sought time to file affidavit.

(3.) Learned counsel for petitioner submitted that petitioner is just of the age of 16 years and 5 months, as her date of birth is 28.01.1999. She was enticed away by respondent No.4 on the pretext of marriage on 19.05.2015. Birth certificate of Ramjot Kaur is Annexure P-1 on the file. She could not perform marriage as per law and her marriage, if any, is void and she be directed to go back to the custody of present writ petitioner. In support of his arguments, learned counsel for the petitioner placed reliance upon judgment from a Co-ordinate Bench of this Court in case Amninder Kaur and another Vs. State of Punjab and others, 2010 1 RCR(Civ) 191, wherein, Co-ordinate Bench had taken the view that marriage in such like cases are void and they are not entitled to protection. Co-ordinate Bench also took the view that persons, who are in some-way party to the such child marriage, are also liable for punishment under Sections 10 and 11 of Prohibition of Child Marriage Act, 2006.