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Friday, October 22, 2021

Couple seeking protection files plea without affidavits of marital status, HC dismiss petition

The Bench of Justice Arvind Singh Sangwan was hearing the matter.

Written by Jagpreet Singh Sandhu | Chandigarh |
September 24, 2021 11:28:26 pm
The Bench dismissed the plea, and directed the SHO, PS Kathgarh, SBS Nagar to take appropriate action in this regard. (File)

The Punjab and Haryana High Court have dismissed the protection plea of a runaway couple, who filed their petition without submitting their affidavits. The HC has directed the Registry to explain as to how this petition was passed without there being the affidavits of both the petitioners.

The petitioner couple had approached the Court, seeking protection of their life and liberty on the premise that petitioner No.1 (woman) has performed marriage with petitioner No.2 (man) against the wishes of her parents and other family members and the petitioners are apprehending threat to their life and liberty at their instance.

Meanwhile, the State Counsel and private respondents submitted that petitioner No. 2 (man) has filed a false affidavit by concealing his marital status and by stating that it is the first marriage of both the petitioners in the petition as well as in his affidavit, however, the HC held that a perusal of the petition shows that no affidavit has been filed by the petitioner (man).

The counsel for private respondents also submitted that petitioner number 2 was earlier married to another woman of District Jalandhar and has placed on record the photographs and marriage certificate in this regard, which shows that the said marriage was performed on May 10, 2019, at Gurdwara in Hoshiarpur and by concealing the said fact, the present petition has been filed. While the State counsel also submitted that even the petitioner (man) is involved in a case under Section 376(2) IPC and he is facing trial.


The Bench of Justice Arvind Singh Sangwan after hearing the matter, held, that vide order dated September 25, 2020, this Court, on earlier occasion also, has directed all the SHOs to keep a check over the registers maintained by all the Pandits/Granthis, who are performing such type of marriages and verify that a declaration is made by both the persons that they are unmarried, however, it appears that the instant marriage certificate has been prepared by the Granthi of Gurdwara Guru Nanak Niwas Sahib of Mohali without following the instructions. The Bench thus dismissed the plea, and also directed the SHO, PS Kathgarh, SBS Nagar to take appropriate action in this regard.

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