The High Court of Punjab and Haryana, in a petition filed by a minor girl seeking protection from her parents, who had allegedly beaten her with an iron rod because she refused to marry an old person, directed the Punjab Police to provide interim protection to a minor girl and stated that it becomes incumbent upon the Court in its capacity as parens patriae to examine what is best in the interest of the minor.
Brief Facts:
The present petition was filed by a minor girl, seeking protection from her parents, who had allegedly beaten her with an iron rod because she refused to marry an old person. The girl was staying with her family friend because she was statedly evicted from her house.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that Petitioner no.1 is a minor girl represented through the mother of Petitioner no.2 who is a family friend and at whose place she is staying and seeking shelter. Father of Petitioner no.1 (Respondent no.4) had evicted her from the house for the reason that she had refused to marry an old person against the wishes of her family and was subsequently beaten up by the Respondent no.4 as well as other family members with iron rods. She has thus started living with the petitioner No.2 and his mother.
Observations of the court:
The court stated that petitioner No.2 is a minor and has approached the Court, it becomes incumbent upon the Court in its capacity as parens patriae to examine what is best in the interest of the minor and it is deemed appropriate to direct Respondent No.2 to take all steps in the present case as per the directions given in Khuspreet Singh's case.
Further, the court referred to the case of Khuspreet Singh and another vs. the State of Punjab and others, wherein the court issued a set of guidelines to ensure the protection of a minor child. The court without expressing any opinion on the merits of the matter, disposed of the plea with a direction to Senior Superintendent of Police, Amritsar to consider the aforesaid representation given by the petitioners and in case there is any threat perception to the petitioners at the hands of private respondents, to act in accordance with law and if need be, to provide them interim protection.
The decision of the Court:
The court disposed of the petition and directed the Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015, to send a compliance report to the High Court.
Case Title: X vs. State of Punjab and Ors.
Coram: Hon’ble Mrs. Justice Manisha Batra
Case No.: CRWP-5742-2024
Advocate for the Petitioner: Mr. Harmanpreet Singh and Ms. Samanpreet Kaur
Advocate for the Respondent: Ms. Ruchika Sabherwal
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