SHAVETA VERSUS AJAY RSA

3353/18 02/08/19 CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

[ PUNJAB HARYANA HIGH COURT ]

• Hindu Marriage Act Section 11 Suit to declare marriage as null and void Earlier Court has provided protection on application of appellant and respondent Marriage stated to have been performed in Gurdawara as per Sikh rites and customs Suit for declaration to the effect that marriage was null and void brought by plaintiff alleging she had no free consent in alleged marriage Granthi of Gurdawara appeared and stated that no ceremonies performed Perusal of Criminal Misc. petition filed for protection reflects photographs of both appellant and respondent before Holy book but there is no marriage certificate as issued by Granthi of Gurdwara attached with petition nor are there any photographs attached showing them taking required steps around holy book – No certificate of marriage issued by Registrar of Marriages – Once statement of Granthi goes unrebutted, Court can safely presume that in fact, no marriage had taken place – Appeal allowed. [ Para 10]*_

Relevant Paras

10. In such a situation, would the appellant herein be entitled to declaration that the marriage between the parties on 21.8.2014 is null and void? As per provisions of the Hindu Marriage Act, 1955, certain ceremonies are required to be performed for a marriage to be declared as legal and binding, one of them being taking of steps around the holy book or a sacred fire and in the instant case around the ‘Guru Granth Sahib’, as per the customs followed by the Sikhs. In the instant case, there is a categoric statement of the Granthi of the Gurdwara, which goes unrebutted, stating that there was no ceremony performed at the Gurdwara on 21.8.2014 between the appellant and the respondent and that is the case that has also been set up by the appellant herein that her signatures were forged and misused, while filing a petition seeking protection before this Court. A perusal of the Criminal Misc. petition that had been filed reflects the photographs of both the appellant and the respondent before the Holy book but there is no marriage certificate as issued by the Granthi of a Gurdwara attached with the petition nor are there any photographs attached showing them taking required steps around the holy book; nor there is any certificate of marriage issued by the Registrar of Marriages. Moreover, the High Court did not opine on the validity of the marriage, while deciding the aforesaid petition seeking protection. Once the statement of the Granthi goes unrebutted, this Court can safely presume that in fact, no marriage had taken place between the parties and if no such marriage subsisted this Court is notin a position to declare the marriage null and void.
11. The judgment as relied by the learned counsel for the appellant
would not be applicable in the instant case since the facts are slightly different. In Samar Kumar Roy’s case (supra), the marriage had been registered, which is not so in the instant case.
12. In view of what has been stated above, this appeal is disposed of holding that there is no evidence available on the record to substantiate that a marriage had in fact taken place on 21.8.2014 between the appellant and the respondent herein. However, the defendant herein is restrained from interfering in the peaceful life and property of the appellant or claiming himself to be her husband.

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