Statement of Facts

1. That Nazneen aged 16, a young Muslim girl studying in 11th standard. Nazneen
attended a science seminar as a student organized by school authorities & Rahul, a
Hindu boy aged 28 years was one of the eminent guest speakers because of his extra
ordinary achievements in the field of medical science.
2. That Nazneen got so attracted to Rahul because of his amazing discourse &
professional communications skills & display of knowledge in the field of medical
sciences that she started considering Rahul as her role model.
3. That it was Nazneen who managed to secure the contact number of Rahul & called
Rahul for guidance in the medical profession, for which Rahul also expressed his
gratitude towards her complements & guided Nazneen efficiently for future endeavors
in the medical profession.
4. That soon Nazneen started contacting Rahul frequently for on or the other reason,
soon the relationship of guide & student turned into the relationship of friends,
followed by meeting at coffee dates, going on long drives & sharing their secrets with
each other & this went on for two months.
5. That it was Nazneen who suddenly one day confessed her feelings to Rahul. Rahul,
who was first reluctant due to age difference, but Nazneen convinced her that
according to Islam (Muslim Law) when a girl attains the age of 15 years, she attains
majority. Rahul went with her emotions & accepted her feelings.
6. That their relationship was no more a secret affair, Nazneen’s parent’s started
objecting their relationship, it is pertinent to mention over here that each passing day
Nazneen was getting determined to marry Rahul, looking into the determination of
Nazneen, Rahul also got swayed with her emotions & supported her decision of
marrying him.
7. That they had to face opposition of Nazneen’s parent’s who threatened Rahul to stay
away from their daughter Nazneen But as Nazneen was determined to marry Rahul.
8. That Nazneen voluntarily eloped with Rahul & both went to temple & solemnized
their marriage according to Hindu ceremony.
9. That sensing the threat to their life the couple (Rahul & Nazneen) filed writ petition
under Article 226 read with Article 21 of the Indian Constitution in the Jurisdiction of
Hon’ble High Court of Punjab & Haryana seeking issuing direction to the
 Superintendent of Police for the protection as the couple might become the victim of
Honor killing.
10. That the Hon’ble Court not only granted the requested relief but also granted the
custody of Nazneen to Rahul & in the pursuant of this order the couple started living
together.
11. That after six months Nazneen left home & went to her parent’s home. Nazneen
deserted Rahul, whereas Rahul tried at his level best to convince her to come back but
failed as Nazneen was completely under the influence of her parent.
12. That Nazneen, under the influence of her patent registered F.I.R under Sec 361 &
Section 503 of IPC, Section 3&4 of POCSO & Section 9&10 of Child Marriage
Prohibition Act.
13. That the FIR is completely baseless & unsustainable as Nazneen is under legal
custody of Rahul as per the Order of the Hon’ble High Court of Punjab & Haryana.
14. That Rahul moved an application under Section 482 of the CRPC for quashing of FIR
which was registered on the instance of Nazneen against Rahul against him before the
Hon’ble High Court of Punjab & Haryana.
15. That Rahul was denied any relief by the Hon’ble High Court of Punjab & Haryana
hence he has approached the Hon’ble Supreme Court of India to seek justice for self.
 Issues Presented

Issue - 1

Whether the Hon’ble High Court of Punjab & Haryana was justified in granting protection to
the estranged couple under Article 21 of the Indian Constitution or not?

Issue - 2

Whether the Order granting the custody of the estranged wife to the petitioner immune him
from the subsequent offences, if any or not?

Issue - 3

Whether the FIR against Mr. Rahul is liable to be quashed or not?

Issue - 4

Whether the Hon’ble High Court under the shield of Article 21 of the Indian Constitution
indirectly promoted Child Marriage and by passed any other special statutes?

Issue - 5

Whether in such cases the personal laws take over or it is the special statutes that takes the
lead?
 SUMMARY OF ARGUMENTS

ISSUE 1: WHETHER THE HON’BLE HIGH COURT OF PUNJAB &

HARYANA WAS JUSTIFIED IN GRANTING PROTECTION TO THE
ESTRANGED COUPLE UNDER ARTICLE 21 OF THE INDIAN
CONSTITUTION OR NOT?

The petitioner (couple - Nazneen & Rahul) humbly filed a writ petition under Article 226
read with Article 21of the Indian Constitution in the judicature of Hon’ble High Court of
Punjab & Haryana, seeking directions from the Hon’ble High Court to concerned
Superintendent of Police, because if the relief is not granted the couple might become the
victim of Honour Killing & attached the photographs of their marriage that were taken during
their marriage ceremony in the temple. The Hon’ble High Court is justified in granting
protection to the estranged couple as the Article 21 of Constitution of India provides
Protection of Life and Personal Liberty. Article 21 states that “No person shall be deprived of
his life or personal liberty except according to a procedure established by law.” Thus, article
21 secures two rights:

• Right to life, and

• Right to personal liberty.

Which includes right to marry person of her / his choice.

ISSUE 2: WHETHER THE ORDER GRANTING THE CUSTODY OF

THE ESTRANGED WIFE TO THE PETITIONER IMMUNE HIM
FROM THE SUBSEQUENT OFFENCES, IF ANY OR NOT?

The Order of the Hon’ble High Court granting the custody of the estranged wife to her
husband (Rahul) does not immune him from the subsequent offences but it should not be
overlooked that the estranged couple was living together as Husband & wife with the order of
Hon’ble High Court, which provided them the police protection & it was Hon’ble Hight
Court which granted the custody of wife (Nazneen) to husband (Rahul), else they had a
prohibition that they might become victim of honour killing.

ISSUE 3: WHETHER THE FIR AGAINST MR. RAHUL IS LIABLE TO

BE QUASHED OR NOT?
The Code of Criminal Procedure, 1973, elucidates inherent powers of High Court under
Section 482 [1] as follows:

1. Under this section, a High Court has the power to quash an FIR if it thinks that the
FIR which has been lodged is a false one and was done with malicious intention to
trouble the aggrieved person.
2. If any person has been implicated and accused of a non-compoundable offence, then
he can approach a High Court and file a Writ Petition under Article 226 of the Indian
Constitution read with Section 482 of CrPC.
3. The burden of proof is on the petitioner to prove that the FIR has been lodged only for
malicious reasons and to trouble the petitioner.

According to Hon’ble Supreme Court of India, Under Section 482 CrPC- The Jurisdiction To
Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In
FIR As They Stand.

The Defendant has humbly submitted Hon’ble High Court for quashing of FIR as he is being
falsely implicated and FIR is bogus and frivolous.

Firstly, Nazneen left he matrimonial home without the information of the husband & deserted
him.

Secondly, Nazneen has willingly disobeyed the order of Hon’ble High Court, which gave the
custody of Nazneen to Rahul.

Thirdly, it was by virtue of order of Hon’ble High Court that Nazneen & Rahul started living
as Husband & wife.

Fourthly, currently Nazneen is acting under the grave influence of her parent who were of life
threat to the couple before marriage, hence they are acting with a revengeful attitude by
influencing Nazneen by falsely getting implicated to Rahul with the registration of bogus and
frivolous FIR.

ISSUE 4: WHETHER THE HON’BLE HIGH COURT UNDER THE SHIELD OF

ARTICLE 21 OF THE INDIAN CONSTITUTION INDIRECTLY PROMOTED
CHILD MARRIAGE AND BY PASSED ANY OTHER SPECIAL STATUTES?
In Muslim law puberty and majority are one and the same and that there is a presumption that
a person attains majority at the age of 15 years. A Muslim boy or Muslim girl who has attained
puberty is at liberty to marry any one he or she likes. Hence, the marriage of a Muslim girl
would be governed by the personal law of the Muslims. Article 195 from the book ‘Principles
of Mohammedan Law by Dinshah Fardunji Mulla’ had also provided as under:
“195. Capacity for marriage –
(1) Every Mahomedan of sound mind, who has attained puberty, may enter into a contract of
marriage.
(2) Lunatics and minors who have not attained puberty may be validly contracted in marriage
by their respective guardians.
(3) A marriage of a Mahomedan who sound mind is and has attained puberty, is void, if it is
brought about without his consent.
Puberty is presumed, in the absence of evidence, on completion of the age of fifteen years.”

Hon’ble High Court not only upheld the Article 21 of the Constitution of India but also took
into consideration the personal faith of the citizens & sending the message clear that India is a
secular nation where every faith of every citizen is respected.

ISSUE 5: WHETHER IN SUCH CASES THE PERSONAL LAWS TAKE OVER OR

IT IS THE SPECIAL STATUTES THAT TAKES THE LEAD?

The Prohibition of Child Marriage Act, 2006, though a national law applicable to all citizens, is still
not made applicable to the Muslim community. Although a court judgment of 2017 does say that
PCMA is a secular law applicable to all, the Supreme Court has not given an authoritative verdict on
the same. It says that some high courts (Punjab and Haryana high court) have said that personal laws
could override the PCMA, 2006. The high courts of Gujarat and Karnataka have said that PCMA,
2006 will prevail over personal laws.