Punjab & Haryana HC: Fraud by Runaway Couple when Seeking Protection Against Deceased Parents

punjab and haryana high court Law Insider

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Published on: February 3, 2024 at 11:10 IST

The Punjab & Haryana High Court has condemned what it termed as fraud perpetrated by a runaway couple who sought protection against the woman’s parents, only to find out that the parents had passed away long ago.

Upon reviewing the status report submitted by Panchkula Police, Justice Sandeep Moudgil expressed strong disapproval, stating, “A perusal of the aforesaid extract depicts that the petitioners have committed a fraud with the Court knowingly and deliberately leaving no doubt to the fact that a daughter cannot be assumed to have no knowledge about the death of her parents, which took place on 02.08.2002 i.e., the date, when father of petitioner No.1 had expired and 29.04.2010 i.e., the date, when mother of petitioner No.1 had expired qua which the death certificate issued by Municipal Corporation, Khatoli (Uttar Pradesh)…”

The petitioners, residents of Uttar Pradesh, claimed to face threats from the woman’s parents and relatives. They alleged that their marriage ceremony was conducted in a temple in Panchkula, Haryana.

In a previous proceeding, the Court had raised concerns about the validity of marriages solemnized in temples falling outside their territorial jurisdiction. Justice Moudgil noted inconsistencies, as another petition revealed a similar marriage solemnized in the same temple despite the couple being from a different state.

The Court directed the Police to provide an affidavit regarding the validity of such marriages conducted in Panchkula temples. It expressed grave concern over the misuse of legal provisions, stating, “…the garlands being used in the marriage solemnization are the same and artificial in nature, which creates serious doubt about the misuse of such provisions of Article 21 and Article 226 of the Constitution of India…”

However, in the status report submitted by the Assistant Commissioner of Police, Panchkula, it was revealed that the parents of the woman against whom protection was sought had already passed away. The mother passed away in 2002 and the father in 2010, as per the death certificates.

The Court acknowledged the report and scheduled the matter for further consideration on February 14.

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