Chennai: Fearing a threat to their lives, a couple in love, who eloped, got married and approached the Madras high court to direct the police to protect them, ended up being separated.
Finding that the girl was under-age as per her school records, during the hearing, the court directed the police to produce her before a magistrate to decide her custody and also gave liberty to the police to arrest her advocate-husband, if needed.
Justice S. Nagamuthu, who heard the petition filed by advocate S. Anburaj and his wife, in his order said being a lawyer, he should have cross-checked the details of his wife’s age. “Whatever the case, I do not want to express any more opinion as to whether he committed any crime or not and it is for the investigating officer to investigate the matter thoroughly,” the judge said.
According to petitioners, Anburaj, belonging to the most backward class Maravar community, fell in love with the girl, belonging to a Scheduled Caste community. Since her father had arranged her marriage with a man of the same caste against her volition, they eloped on October 14, 2014 and got married at a temple in Madurantakam. They alleged that her father was an influential person supported by a political party and he was determined to eliminate not only Anburaj, but also his own daughter. Hence, they approached the court.
When the petition came up for hearing on October 16, counsel for Anburaj produced the identity card issued by the employer of the girl as proof of age to show that she had crossed 18 years of age.
However, the judge refused to accept it as an authenticated document and directed production of school certificate. Accordingly, the school certificate was produced on October 20, as per which the girl’s date of birth was March 17, 1997.
Recording it, the judge said the girl has not completed 18 years of age. “As per the provisions of the Prevention of Child Marriages Act, marrying a girl child below 18 years of age is an offence, which is non-bailable.
As it prima facie appears from the school certificate the girl is below 18 years of age, she has to be produced before the judicial magistrate and, accordingly, I direct the investigating officer to produce her before judicial magistrate-V, Madurai, to decide about her custody,” the judge added.
Pointing out that Anburaj was a major and happens to be an accused, the judge gave liberty to the investigating officer to arrest Anburaj, if needed, and produce him before the jurisdictional magistrate. Under the guise of investigation and interrogation, the investigating officer shall not harass Anburaj and shall do the investigation dispassionately and file appropriate final report in accordance with law, the judge added. Anburaj has not been arrested by the police.
