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To ensure that couples,who had chosen to tie the knot against the wishes of their parents,are not implicated in cases of kidnapping,the Punjab and Haryana High Court on Wednesday directed Chandigarh,Punjab and Haryana to not register FIR on charges of abduction against such couples.
The direction was passed following a request made by lawyer Anupam Gupta,amicus curiae in the case. Gupta averred that registration of case under Section 363/366 (kidnapping) of the IPC is the main cause that drives runaway couples to courts for police protection. The development took place during the resumed hearing of a bunch of 35 petitions filed by runaway couples seeking police protection.
During the hearing,the amicus curiae disapproved the nexus between lawyers and priests who fleece innocent runaway couples for issuing marriage certificates so that they can seek police protection from court. Gupta also assailed the standardised and stereotyped pleadings in petitions filed by lawyers in such cases. Stating that love marriages should be encouraged fully,he argued that restraint orders should be lifted from genuine marriage institutions. He added that from the petitions filed,it can be said that there is not only commercialisation in marriages but a market in marriages.
Gupta also emphasised that the power to grant police protection should remain with the high court and not be delegated to lower courts.
Of the 35 cases filed by runaway couples from Chandigarh,Punjab and Haryana,21 were filed a day after the marriage was solemnised. While three were filed on the same day,five were filed two days after the weddings.
The case has been adjourned till four weeks.
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