High Court Punjab-Haryana High Court

Babli Sharma & Anr vs State Of Haryana & Ors on 22 December, 2008

Punjab-Haryana High Court
Babli Sharma & Anr vs State Of Haryana & Ors on 22 December, 2008
       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