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Punjab & Haryana HC: ‘Runaway couple marriage can’t be proved merely on basis of pictures’

The Ambala man in his appeal before the High Court had said that he married the woman in March 2015 at Guru Teg Bahadur Gurdwara Sahib Sainik Vihar Jandli according to Sikh rites and ceremonies but soon her father came and took her back to his home.

marriages in india, marriages in kashmir, kashmiri girls, ml khattar on kashmiri girls, jammu and kashmir lockdown, restrictions in jammu and kashmir, article 370, article 370 scrapped, opinions, Indian Express The Ambala man in his appeal before the High Court had said that he married the woman in March 2015 at Guru Teg Bahadur Gurdwara Sahib Sainik Vihar Jandli according to Sikh rites and ceremonies but soon her father came and took her back to his home.(Representational Image)

AROUND A year after it restrained a woman from “re-marrying” as her “husband” sought restitution of his conjugal rights, the Punjab and Haryana High Court has dismissed his petition, observing that it appears to have been a marriage of a runaway couple and validity of such marriage cannot be proved just on the basis of photographs.

“There is no valid evidence or document to prove the legal marriage between the parties,” said a division bench of the High Court in its verdict over the husband’s appeal, adding that the petition for restitution of conjugal rights is not maintainable in the absence of a valid marriage.

The Ambala man in his appeal before the High Court had said that he married the woman in March 2015 at Guru Teg Bahadur Gurdwara Sahib Sainik Vihar Jandli according to Sikh rites and ceremonies but soon her father came and took her back to his home. The woman also later refused to return. In court, she alleged the marriage was “managed” by him by clicking photographs and obtaining certificate from the gurdwara, adding that no one from her family was present at the alleged marriage.

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The division bench in its verdict said the record reveals the parties were accompanied by a lawyer at the time of the alleged marriage and the marriage certificate does not bear signatures of the couple, adding that the granthi, who was called as a witness before the lower court, has not given details of the marriage ceremonies performed by him.

“Even the relevant entry relied upon by the appellant is not bearing the attestation of aforesaid Granthi. Rather the said entry bears the signatures of one Advocate and … (a) close friend of the appellant (man),” reads the order, adding that “it could be easily inferred that it was not an arranged marriage and rather it appears to be marriage of a runaway couple”.

First uploaded on: 04-01-2020 at 12:51 IST
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