Professional & Knowledgable Law Team

Friday, April 13, 2012

Runaway couples cautioned


Think twice before ‘rebellion marriage’, says High Court
Chandigarh, April 12
Cautioning runaway couples against running down established social norms while racing towards the hymenal altar, the Punjab and Haryana High Court has asked them to “think twice” before according precedence to individual interests over that of society’s.
The assertion by Justice Rameshwar Singh Malik, aimed at easing tension between interests of individuals and a group as a whole, came while dealing with nearly a dozen protection petitions filed on a single day by runaway couples.
In one of the petitions, Kirti Goyal and another petitioner had sought directions to the State of Punjab and other respondents to protect their life and liberty on the ground that they “ had tried to persuade their parents and relatives, but in vain.”
Referring to Supreme Court judgments on the right to life and liberty guaranteed under Article 21 of the Constitution, Justice Malik asserted: “It is equally important to note that freedom of the individual is not absolute, but subject to the established and time-tested social norms of a civilised society.
“Co-existence of freedom of the individual and social control is sine-qua-non (an essential element or condition) for sustainable progress of society and this is also an integral part of our Constitutional philosophy.
“Therefore, though the petitioners are entitled to protection to their life and liberty in the given facts and circumstances of the case, but at the same time, it is also expected of them and other young citizens like them that before running away from their homes for performing this type of rebellion marriage, they must think twice, besides, listening carefully to their parents who are not their enemies, but genuine well- wishera.”
Justice Malik also said: “Let us welcome the dynamic social change and evolution, but only subject to the social control and moral values which are centuries old and have not lost their shine even today ”.
Before parting with the orders in almost all the cases on the issue, Justice Malik said: “It is also made clear that this order shall not entitle the petitioners for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognisable offence...”

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