NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The facts, as set out in the petition, are that the petitioners are both major. The date of birth of petitioner No.1 is 22/1/1992 as per his Aadhar Card (Annexure P-1) and that of petitioner No.2 is 30/7/1985 as per her Aadhar Card (Annexure P-2). It is further alleged that the relatives of petitioner No.2 are against the relationship of the petitioners. However, the petitioners have since got married on 21/1/2021 at Gurudwara Dashmesh Pita, Kharar as per Sikh rites and ceremonies. The marriage photographs have been attached as Annexure P-3 (colly.). It has further been stated in the petition that petitioner No.1 was earlier married to one Mandeep Kaur and had taken a Panchayati Divorce on 19/6/2017, whereas, petitioner No.2 was earlier married to one Harjinder Singh and had got a divorce under Sec. 13-B of the Hindu Marriage Act, 1955 vide judgment and decree dtd. 14/7/2000 (Annexure P-7) passed by the District Judge, Kapurthala.

(3.) Learned counsel for the petitioners would contend that the petitioners are apprehending danger to their life and liberty. On a query put to learned counsel for the petitioners as to the marital status of petitioner No.1, Nishan Singh, it has been stated that Annexure P-6 is an affidavit dtd. 19/6/2017 of the first wife of Nishan Singh wherein she has stated that she and Nishan Singh had got a Panchayati divorce. Strangely, the learned counsel is relying upon a Panchayati divorce which has no recognition in the eyes of law. There is no decree of dissolution of marriage of petitioner No.1 by a Court of competent jurisdiction and his first marriage subsists in the eyes of law.