FARJAAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution for issuance of a writ in the nature of mandamus directing respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of respondents No.4 to 15.

(2.) Learned counsel for the petitioners submits that petitioner No.2, though minor, and petitioner No.1, have married with each other against the wishes of respondents No.4 to 15 and have sought protection to their life and liberty. They apprehend danger at the hands of respondents No.4 to 15. The certificate evidencing their marriage is on record as Annexure P-1. The petitioners have submitted a representation dtd. 23/7/2022 (Annexure P-4) to respondent No.2-Superintendent of Police, District Faridabad, for redressal of their grievance.

(3.) Learned counsel for the petitioners further submits that this is the first marriage of both the petitioners. He has relied upon the decisions by the Coordinate Benches in 'Kammu vs. State of Haryana and Ors.' 2010(4) RCR (Civil) 716; 'Yunus Khan vs. State of Haryana and Ors.' 2014(3) RCR (Criminal) 518, 'Mohd. Samim vs. State of Haryana and Ors.' 2019(1) RCR (Criminal) 685, and dtd. 25/1/2021 rendered in CRWP-733-2021, titled as 'Shoukat Hussain and another Vs. State of Punjab and others', to contend that in Muslim law puberty and majority are one and the same and that there is a presumption that a person attains majority at the age of 15 years. It is further contented that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry any one he or she likes and the guardian has no right to interfere.