Nainital: The Uttarakhand High Court has asked Sub District Magistrate, Dehradun to provide shelter to a 20-year-old woman, who alleged threat to her life from her family members.
The woman, a resident of Rishikesh, filed a petition in the HC. She urged the HC to send her to 'Nari Niketan' and provide security.
A bench of Chief Justice G Narendra and Justice Manoj Kumar Tiwari heard the matter and ordered the Deputy Collector, Dehradun, to make arrangements to send the woman to 'Nari Niketan'.
In her plea, the woman contended that she married against the wishes of her family to a minor boy. The Uttarakhand Police traced the minor boy from Tamil Nadu on the complaint of his family.
The boy was remanded to a juvenile home by a lower court. The woman returned to her house after the boy was sent to a juvenile home.
The woman alleged that she was assaulted by her brother and father and now the duo are after her life. She asked the HC to allow her to stay in Nari Niketan till her husband reaches puberty, as she does not want to go home.
"If I go home, I would be brutally assaulted," she contended.
The bench directed the Deputy Collector, Dehradun, to send the woman to Nari Niketan or make arrangements for her stay. The court commented that the woman was sent to Nari Niketan due to humanity.
"The woman could be charged with The Protection of Children from Sexual Offences (POCSO) Act, 2012 and she could go to jail because she married a minor after having an illicit relationship," the bench observed.
Arun Bhadauria, a legal expert, said that marriage is considered valid only when the age of the girl is 18 years or more and the boy is 21 years or more.
"This marriage is not in accordance with the law. If a boy marries a girl again after the age of 21, his marriage will be recognised in this law. Here the boy was not 18 years old till the day of marriage, but the girl was 20 years old. The boy was sent to a juvenile correctional home due to his young age," Bhadauria added.
