IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.31369-M of 2008
DATE OF DECISION : DECEMBER 22, 2008
BABLI SHARMA & ANR. ....... PETITIONER(S)
VERSUS
STATE OF HARYANA & ORS. .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Sarfraj Hussain, Advocate, for the petitioner(s).
Mr. Narender Sura, AAG, Haryana.
Mr. RMS ingh, Advocate, for respondents 4 & 5.
Shri Dharminder with Mr. AP Bhandari, Advocate.
AJAI LAMBA, J. (Oral)
This petition has been filed under Section 482, Code of
Criminal Procedure.
Babli Sharma-petitioner No.1 has alleged that she being of
marriageable age, got married to petitioner No.2, who has converted to
Hinduism.
The case projected before this Court is that because petitioner
No.2 was earlier a muslim, therefore, the marriage is being opposed by
private respondents No.4 and 5.
During proceedings, it transpired that petitioner No.1 was
earlier married to Dharminder. At that juncture, petitioner No.1 took the
Criminal Misc.31369-M of 2008 2
stand that Dharminder was no more and is dead.
Learned counsel for the respondent-State, on instructions
from HC Ramesh Chand of Police Station, Balaghbarh, states that
Dharminder, in fact, is alive and is present in court. It has also been
pointed out by the learned counsel for the respondent-State that the fact
that Dharminder is alive has been endorsed not only by the Panchayat but
more than 10 villagers also.
Learned counsel for respondents No.4 and 5 has pointed out
that it is a void marriage and the petitioners are not entitled to any
directions under the inherent powers.
I have considered the issue.
This court, in these proceedings, in the facts and
circumstances of the case, is not required to look into the legality of the
marriage or otherwise.
However, in case, the petitioners feel any threat to their life
and it is likely to create a law and order situation, the petitioners would be
entitled to approach the Senior Superintendent, Faridabad, with their
grievance.
Disposed of.
December 22, 2008 ( AJAI LAMBA ) Kang JUDGE