PAPINDER SINGH ANTAL ALIAS PINDI Vs. SAMREET KAUR

JUDGEMENT

(1.) The instant appeal has been filed by Papinder Singh Antal @ Pindi, the appellant, against the judgment and decree dated 24.05.2018 passed by the learned Family Court, Ambala, vide which the petition filed by him under Section 9 of the Hindu Marriage Act, 1955 (for short 'the HMA') was dismissed.

(2.) As per the appellant, marriage between the parties was solemnized on 26.03.2015 at Guru Teg Bahadur Gurudwara Sahib Sainik Vihar Jandli District Ambala according to Sikh rites and ceremonies. After the marriage, the parties cohabited together at a farm house in Village Singhawalan District Ambala. However, no child was born out of their wedlock. On 02.04.2015, the father of the respondent visited them and took the respondent alongwith him to his home. While leaving, his father-in-law told him to bring back his wife after about one week. On 10.04.2015, he along with Malkeet Singh went to parental home of Samreet Kaur to bring her back but her grandfather did not allow him to take her back along with him. Again on 18.04.2015, he along with Malkeet Singh went to her parental home to being her back but her parents refused to send Samreet Kaur along with them. She herself also refused to accompany the appellant to his house and she had withdrawn from his society w.e.f. 02.04.2015, without any reasonable cause.

(3.) On notice, respondent appeared in the Court and filed written reply in which it was denied that she is legally wedded wife of the appellant. Actually, no such marriage ceremony was performed with the free will and consent of the respondent. The alleged marriage was managed by the appellant by clicking photographs and by obtaining certificate from the gurudwara. Earlier, the appellant filed one false complaint under Sections 97/98 of the Code of Criminal Procedure (for short 'Cr.P.C.') seeking issuance of search warrants of the respondent. On this, respondent appeared before the Sub Divisional Magistrate on 07.07.2015 and got recorded her statement before the said officer that she was residing with her parents of her own free will and consent. The said complaint was dismissed on the same very day. Thereafter, appellant lodged a complaint with the police to harass the respondent. On this, she also lodged a complaint against the appellant with the police as he misbehaved with her. Police failed to take any action on her complaint and then she moved the Hon'ble High Court under Section 482 Cr.P.C. The respondent prayed for dismissal of the petition.