A fugitive couple get married by lighting a fire in a utensil in a hotel room; HC finds him invalid and fines 25,000 rupees for deceptive court
Hearing a protective plea from a couple, even as the High Court of Punjab and Haryana settled the case with instructions to the Panchkula Police Commissioner to consider their representation, it imposed a fine of Rs 25,000 to the couple for “misleading” the court about their marriage – which the High Court said was invalid.
The requesting couple, a 20-year-old woman and a 19-year-old man, approached the HC to request the issuance of an instruction to the State of Haryana and others for the protection of life and freedom, fearing a threat from the relatives of the woman.
According to the petitioner, they celebrated their wedding on September 26, 2021, after fleeing their home. However, no marriage certificate or wedding photograph has been attached and no details are given as to where the marriage took place.
The applicants were therefore invited by the HC to provide information regarding their marriage and their lawyer requested time to provide documents regarding the location of the wedding ceremony and the identity of the priest who performed the marriage, in addition to give information about the marriage certificate.
The couple then submitted a request stating that “the marriage had not been celebrated by any priest in any temple and that no marriage certificate had ever been issued.” He said that, in accordance with the instructions provided by the petitioners, on September 26, 2021, the two petitioners stayed in a hotel room in Ambala, where in the evening the petitioner filled the petitioner’s forehead (maang) with vermilion. , and both exchanged garlands and performed the saptpadi by burning a fire in a utensil in said room. However, no sermon was sung by anyone.
The bench of Judge Gurvinder Singh Gill, who had heard the case, therefore considered that this was a case where the applicant man was not of marriageable age. “It is evident that the applicants attempted to mislead the court by stating that they performed the marriage, when in fact there is no evidence to that effect, as the applicants have now pleaded that on September 26, 2021, they stayed in a hotel and performed the rituals in the room without chanting any sermons, observed the order of the bench.
Justice Gill added: “The above explanation appears to be an attempt to cover up the fact that there was no valid marriage among the applicants, although this was stated in the application. This court can hardly assess such conduct on the part of the applicants, who, in order to obtain redress from the court, attempted to mislead the court.
However, he added that: “In any case, given that the applicants fear a threat to their life and freedom, this tribunal cannot shirk its duty to guarantee and protect the life and freedom of the applicants. , in case there is a real threat to the same. As such, the petition is dealt with with instruction to respondent No. 2-Commissioner of Police, Panchkula, to examine the case and dispose of representation as soon as possible in accordance with the law. “
The Gill bench further stated: “It is however clarified that the aforementioned ordinance is not to be regarded as an expression concerning any relation between the applicants and does not confer any immunity on the applicants, should it be found. that they did not do any wrong.
In the meantime, stating that the applicants did not approach this Court with their hands clean and instead attempted to mislead the Court, the judiciary ordered that “the applicants must pay costs of Rs 25,000 to the Commission des legal services of the High Court ”.