Excelsior Correspondent
JAMMU, Jan 17: In a rarest of the rare case, High Court has directed a boy to deposit Rs 2 lakh as financial surety for the girl whom he married without the consent of her parents.
This significant direction was passed by Justice Bansi Lal Bhat in a petition filed by Roheela Koser, who contracted marriage in accordance with Muslim law on October 1, 2013. According to the petition, Roheela Koser and her husband are apprehensive of being subjected to physical violence at the hands of parents of the girl as petitioners had contracted marriage against the wishes of Roheela Koser’s parents and their relatives.
The petition was supported with copy of marks card of girl recording her date of birth as June 25, 1995, copies of Nikahnama, marriage agreement which prima facie support the petitioner’s claim of having attained the age of majority and being eligible to contract marriage. The petitioners submitted that they were entitled to protection of their life and liberty in terms of mandate of Article 21 of Constitution of India.
After hearing Advocate Ajaz Choudhary appearing for the petitioner, Justice Bansi Lal Bhat disposed of petition by directing State respondents to provide adequate security cover to petitioners and ensure that parents and relatives of girl do not disrupt and interfere in the matrimonial life of petitioners. Court also directed husband of the petitioner to undertake to make a deposit of Rs 2 lakh through FDR in the name of girl as a measure of financial security for her. He shall provide a copy of receipt of FDR before the Registry of this Court within 15 days.
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