Lawstreet Journal

Panchayati divorce has no recognition in the eyes of law : Punjab and Haryana High Court [READ ORDER]

Lawstreet Journal 9 Feb 2021 10:59pm

Image courtesy: Lawstreet Journal Judiciary Panchayati divorce has no recognition in the eyes of law : Punjab and Haryana High Court [READ ORDER]

A Criminal Writ Petition was recently filed before the Punjab and Haryana High Court u/A 226 of the Constitution of India for the issuance of a writ in the nature of mandamus directing respondent to safeguard the lives of the petitioners by providing police help to the petitioners and further directing the respondent not to interfere with the life and liberty of the petitioners whereby the Court considering the facts stated that the Panchayati Divorce has no recognition in the eyes of law.

However, with the petition itself, the judgment and decree passed under Section 13-B of the Hindu Marriage Act, 1955 in the case of petitioner No.2 has been attached which clearly goes to show that the petitioners are aware of the law.

Petitioner No.1 was earlier married to one Mandeep Kaur and had taken a Panchayati Divorce on 19.06.2017, whereas, petitioner No.2 was earlier married to one Harjinder Singh and had got a divorce under Section 13-B of the Hindu Marriage Act, 1955.

Learned counsel has also not been able to show as to how this Court can provide protection to the petitioners as a couple when petitioner No.1 has not legally divorced his earlier spouse. In fact, the alleged marriage itself between petitioner No.1 and petitioner No.2 would be illegal and against the provisions of the Hindu Marriage Act, 1955 inasmuch as this marriage has been contracted without petitioner No.1 being legally divorced.

The Petitioner in its contentions stated before the Court that they apprehended danger to their life and liberty.… Continue Reading...


Tagged: Punjab and Haryana High Court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.