Punjab-Haryana High Court
Nishu vs State Of Punjab And Others on 14 March, 2024
Neutral Citation No:=2024:PHHC:037221
2024:PHHC:037221
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
264-A
CWP-5155-2024 (O&M)
Date of decision: 14.03.2024
Nishu
...Petitioner
VERSUS
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. Deepak Arora, Advocate for the petitioner.
Mr. Aditya Sharda, DAG Punjab.
*****
VINOD S. BHARDWAJ, J. (Oral)
1. Prayer in the instant petition is for directing respondents No.2
and 3 to register the marriage of the petitioner under the Hindu Marriage
Act, 1955 and to issue a marriage registration certificate.
2. Learned counsel for the petitioner contends that the date of birth
of the petitioner is 15.09.2001 and she is major. The petitioner had
performed marriage with Kulwinder Singh son of Harbhajan Singh resident
of Village Ghasitpur, Tehsil Mukerian, District Hoshiarpur on 27.10.2022
against the wishes of family members of the petitioner. Thereafter, she
approached this Court by filing a petition for protection. He further contends
that the husband of the petitioner had gone abroad in connection with the
employment and the petitioner wants to join the company of her husband,
she submitted an application along with necessary formats to the office of
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264-A CWP-5155-2024 (O&M)
Tehsildar, Hoshiarpur, for the purpose of registration of marriage, however,
the said application was not considered on the ground that the marriage
could only be registered provided both the parties appear before the
Tehsildar in person along with their respective families. Learned counsel for
the petitioner contends that the husband of the petitioner is abroad (Dubai)
and it is not possible for him to appear in person only to justify his marriage
and the said aspect can be duly verified by associating her husband through
video conferencing.
3. Learned counsel for the petitioner has placed reliance on the
judgment dated 09.03.2021 passed by a Division Bench of this Court in
LPA No.125 of 2021 titled as 'Ami Ranjan and another Vs. State of
Haryana and another'. In the above said case the Division Bench of this
Court had taken cognizance of a proceeding that had emanated from an
order passed by the Deputy Collector-cum-Marriage Officer, Gurugram,
whereby an application for registration of marriage had been dismissed on
account that there was no provision of registration of marriage under the
Special Marriages Act, 1954, without the parties appearing in person before
the Marriage Officer. While examining the said issue, the Division Bench
of this Court allowed the said appeal and the following directions were
given:-
"(i) Since the Marriage Officer had permitted appellant
No.1- Ami Ranjan to file the application through video
conference at the stage of first motion, he can now
proceed to register the marriage after 30 days as per
Section 16 of the Special Marriage Act, 1954.
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(ii) Presence of appellant No.2-Misha Verma can be
secured through video conferencing and she can appear
before J.W. Ruby Memorial Hospital, at 1 Medical
Center Drive, Morgantown, West Virginia 26505,
United States at an appropriate date and time fixed in
consultation with both Deputy Commissioner-cum-
Marriage Officer and J.W. Ruby Memorial Hospital or
the Indian Consulate/High Commission at 2107
Massachusetts Ave NW, Washington, DC 20008, United
States.
(iii) Three witnesses namely, (i) Vishwa Vijay Ranjan
Prasad son of late Dineshwar Prasad (father of
appellant No.1), (ii) Sh. Vibhav Bhusan son of Kul
Bhushan (cousin brother of appellant No.1) or in the
alternative Sh. Kumar Sambhava son of M.N. Prasad
(Maternal Uncle of appellant No.1) and (iii) Sh. Vinay
Gopal son of Madan Gopal Prasad (Maternal Uncle of
appellant No.2-wife), can appear physically before the
Registrar of Marriages/Marriage Officer. All the
witnesses can produce their PAN cards/copies of ration
cards/passports, as the case may be and shall appear
along with appellant No.1-husband, before the
Marriage Officer on the date of registration of
marriage. The said witnesses shall verify with regard to
their attendance in the marriage of the appellants.
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Appellant No.1 shall also produce other documentary
evidence such as photographs, invitation cards etc.
before the Registrar of Marriages/Marriage Officer.
(iv) On being satisfied that all the above requirements are
fulfilled, Deputy Collector-cum-Marriage Officer,
Gurugram/respondent No.2 will issue an order; make
the necessary entries and issue the marriage certificate
in the prescribed form to appellant No.1 (Ami Ranjan)
and his wife appellant No.2-Misha Verma."
4. Learned State counsel is not in a position to rebut the above
said judgment passed by a Division Bench of this Court in case of Ami
Ranjan and another (supra).
5. The present writ petition is accordingly disposed of with a
direction to respondent No.2-Tehsildar-cum-Registrar of Hindu Marriages,
Hoshiarpur, to consider the application submitted by the petitioner in light of
the judgment dated 09.03.2021 passed by a Division Bench of this Court in
case of Ami Ranjan and another (supra) and to take an appropriate
decision.
6. Let the needful be done within a period of 03 months of receipt
of certified copy of this order.
(VINOD S. BHARDWAJ)
14.03.2024 JUDGE
Mangal Singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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