Years/you imagine
A bench of Justice BV Nagaratna and Justice R Mahadevan said that NCPCR is unaware of the trial and has no right to challenge the High Court’s decision.
The Supreme Court dismissed a special permission petition filed by the National Commission for Protection of Child Rights (NCPCR), which challenged the 2022 decision of the Punjab and Haryana High Court stating that a 16 -year -old Muslim girl could marry a Muslim man legitimate and the couple were provided protection from threats. A bench of Justice BV Nagaratna and Justice R Mahadevan said that NCPCR is unaware of the trial and has no right to challenge the High Court’s decision.
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The bench asked why NCPCR should challenge the order of the High Court providing security for the life and freedom of the couple facing threats? The bench said that NCPCR has no right to challenge such an order … If two minor children are protected by the High Court, how can NCPCR challenge such an order. It is strange that NCPCR, whose job is to protect children, has challenged such an order. NCPCR counsel argued that they were raising the question of law whether a girl below 18 years of age could be given the ability to marry only on the basis of personal law. However, the bench said that there is no question of law in this case.
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Justice Nagaratna said that there is no legal question. Dismissing the petition, the bench said in its order that please challenge in a proper case. We do not understand how NCPCR may disagree with such an order. If the High Court wants to provide protection to two persons, using its power under Article 226, NCPCR has no right to challenge such an order.
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