Bangalore, May 17: “A girl below the age of 21 cannot marry a person of her choice without the consent of her parents. The girl’s parents should find an eligible groom for their daughter, as it is they, who bear the brunt of their child’s unsuccessful marriage,” according to the Division Bench comprising Justice Bhaktavatsala and Justice Govindaraju.
Stating that a girl below the age of 21 years cannot judge the character of a person she marries, they directed the police to lodge a suo motu kidnapping case against the petitioner, Avinash, a resident of Sudhama Nagar.
The court labelled Avinash’s marriage as void, with the girl without her parents’ consent and imposed a fine of Rs 10,000 on him. “The court cannot shut its eyes even when police fail to initiate action,” the Bench said. Avinash had filed a petition against the girl’s parents charging them for illegal detention of his wife. With this regard, the court stated that parents’ keeping their child with them does not amount to illegal detention.
The girl’s parents had lodged a complaint of kidnapping on 7th of February, 2011, with the Wilson Garden Police after their minor daughter, a second PU student, went missing on 2nd of February while on her way to college. Avinash had taken her to Krishnagiri where he married her on 3rd of March, 2011, after she turned 18 on March 1.
They returned to Bangalore on 28th of March and Avinash appeared before the police, who brokered peace between the two families by ensuring that the boy got to meet the girl twice a day and appeared before the police daily. However, when the girl’s parents refused to abide by the deal and denied him permission to meet his wife, he filed a habeas corpus plea.
When the matter came up for hearing on Thursday, the Bench slammed the petitioner saying that parents protecting their child is not illegal detention and termed the marriage as a case of kidnapping. The court asserted that the Hindu Marriage Act is not a contract, it needs permission from parents. Avinash’s case is nothing but misuse of the girl and her age, the court affirmed.
Stating that it would take a decision in the interest of the people, the court observed orally, “If it was love, you should wait. Why should you elope? He (boy) will not carry the sin. The girls are the sufferers.”
Taking the police to task, the court said, “Police don’t behave like human beings. You cannot decide on such matters. Who are you to decide? You are just adding fuel to fire.” When counsel for the respondents K N Puttegowda submitted that it was the third love affair for the boy, the Bench asked Avinash: “Why did you go to Tamil Nadu? To see tsunami? This kind of people should be hanged.”
The court dismissed the matter and directed the Wilson Garden Police to take Avinash into custody immediately.