'Saptapadi' performance by lighting fire in a utensil - Not a valid marriage

'Saptapadi' performance by lighting fire in a utensil - Not a valid marriage

Aarti and another Vs State of Haryana and others

Punjab and Haryana HC

06/10/2021

CRWP-9391-2021 (O&M)

About/from the judgment:

4. Pursuant to the said order, the petitioners have moved an application i.e. CRM-W-1237 of 2021 furnishing the information in question. Para No.3 of the said application reads as follows:
“3. That it is respectfully submitted that the marriage was not solemnized by any priest at any temple and no marriage certificate was ever issued. However, as per instructions furnished by the petitioners, on dated 26.9.2021 both the petitioners stayed at Room No.207, Paris Hotel, near old bus stand, Ambala Chowk, Narayangarh (Ambala) and there in the evening-night, the petitioner no.2 filled vermilion in forehead (maang) of the petitioner no.1, both the petitioners exchanged garlands and saptpadi was conducted by burning a fire in some utensil in the said room only. However, no sermons were chanted by anyone during the conduct of saptpadi.”

5. The aforesaid application is duly supported by an affidavit of petitioner No.1-Aarti. This Court finds that it is a case where petitioner No.2-Tushar was not of marriageable age. From the pleadings as made in the petition and the pleadings as have now been made in the application, it is apparent that the petitioners have made an attempt to mislead the Court by stating that they have solemnized marriage, whereas infact there is no such evidence to this effect as the petitioners have now come up with a plea that on 26.9.2021, they had stayed in a hotel and there in the room itself petitioner No.2 had applied vermilion (sindoor) on forehead of petitioner No.1 and they had exchanged garlands and “saptapadi” was performed by lighting fire in an utensil in the same room. It is further stated therein that, however, no sermons were chanted by anyone while “saptapadi” was performed.

6. The aforesaid explanation appears to be an attempt to cover up the fact that infact there was no valid marriage amongst the petitioners though it has been stated so in the petition. This Court can hardly appreciate such like conduct on the part of the petitioners, who, in order to get relief from Court, have tried to mislead the Court. In any case, since the petitioners apprehend threat to their lives and liberty, this Court cannot shirk from its duties to secure and protect the lives and liberty of the petitioners, in case there is any genuine threat to the same. As such, the petition is disposed of with a direction to respondent No.2-Commissioner of Police, Panchkula to look into the matter and to dispose off the representation dated 27.9.2021 (Annexure P-4) expeditiously in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

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