IN THE HIGH COURT OF PUNJAB AND HARYANA

CASE NO.-316 OF 2008 (OM)

PRABHJOT SINGH(APPELLANT)

VS.

PRABHJIT KAUR(RESPONDENT)

BY, THE HONOURABLE MR. JUSTICE RAJESH BINDAL

ADVOCATE: FOR THE APPELLANT: H.C ARORA

FOR THE RESPONDENT: VIPIN MAHAJAN

 FACTS OF THE CASE
The husband in the appeal against the judgement and decree dated 07.10.2008
passed the learned Judge, Gurdaspur, whereby he accepted the petition of the
respondent wife filed under the Section 11 read with Section 5 (v) of the Hindu
Marriage Act , 1955 foe declaring the marriage a nullity. Prabhjit kaur respondent
here by filed a writ petition before the court under section 11 read with Section
5(v) for declaring the nullity of the marriage on the ground that her marriage with
the appellant on 10.1.1997 was not legal as both of them are sapindas. It was
pleaded that her mother and the mother of the appellant both are real sisters. She
further pleaded that she was undergoing course of staff nurse at Punjab Medical
Instituite, Patiala. The mother of the appellant visited at the institute and asked her
to accompany her to her house to ajanla for some urgent work. Appellant and his
father were also present there. At night, respondent and the mother of the appellant
slept in room and shared a one cot. However, in the middle of the night the
appellant mother left the room and the appellant himself came into the room and
subjected her to rape. She raised the alarm but the door was bolted from outside
and nobody responded to her cries. The parents of the appellant threatened her
from revealing the incident to her parents. After that, she went to her home but did
not tell them about the incident.
After that parents of the appellant took her to gurudwara, there they dressed like
her bride and took the photographs of the both of them. All the ceremonies were
performed under the threat and she was forced to do the marriage and she was
never willing to accept the appellant as her husband. After that she narrated all the
story to her parents and the FIR was lodged against the appellant and his parents.

However, in both criminal cases both the accused parties were acquitted. The
appellant filed divorce petition and withdraw the same. He also filed a petition
under Section 9 of the Act and withdraw the same. She alleged that her marriage
was performed under the threat and force and both of them are sapindas.
 ACTS REFERRED: Section11, Section 5 (v) of the Hindu Marriage Act, 1955
FIR NO. 90 and 175, Section 9 of the act, Section 5 (i) (ii)

ISSUES RAISED

1. Whether the marriage between the parties, namely, Prabhjit Kaur and
Prabhjot Singh is a nullity having been solemnized in violation of Section
5(v) of the act?
2. Whether the petition is maintainable or not?

SUMMARY OF ISSUES:

1. The respondent filed the petition under the Section 5 of the Hindu Marriage
Act for declaring the marriage as nullity as both of them are sapindas for the
reason that her mother and the appellant mother both of them are real sisters.
Section 5 (v) of the act states that :
“ conditions for marriage – A marriage may be solemnized between the two
hindus if the following conditions are fulfilled” :
(v) “the parties are not sapindas to each other, unless the custom or usage
governing each of them permits of a marriage between the two.”

2. Petition was not maintainable because of the delay in filing the petition and
also the appellant was unable to produce the evidence in front of the court and by
reviewing all this the court declared the marriage a nullity.
 JUDICIAL ANALYSIS:
The appeal was files by the Prabhjot Singh who is the husband of the Prabhjit kaur.
The marriage was done by applying the force and threat and the respondent was
forced to do the marriage as both of them are sapindas to each other and the
husband claimed that his marriage with the Prabhjit kaur is valid but he was unable
to produce the evidence before the court even he was unable to produce his
parents in the court for the cross examination.

The court held that as per the provisions of the section 11 of the act and the
marriage was solemnized after the commencement of the Act. The marriage was
void and null. The marriage had taken place on the 10.01.97 and no child was born
out of this deadlock. The parties were living separately from the last ten years.

And also, the appeal was not filed on the time and it suffered from the delay. Also
the appeallant was unable to provide any evidence. Thus, the court dismissed the
appeal and deaclared the marriage as null and void.
CONCLUSION:
The marriage took place on 10.01.97 and no child was born from the marriage also
both the parties were unable to live together. Both the parties lodged the FIR’s
against each other. As there marriage was void from the very beginning as both of
them are sapindas hence the court held the marriage as void and null.

CASE COMMENT:
In this case the wife here filed a petition that her marriage was void as both of them
are sapindas. The respondent is in appeal against the order of the court and said
that their marriage is not void but he was unable to produce the evidence before the
court. Both the parties lodged the FIR against each other. Hence, the acts referred
here is the Section 5(v) of the Hindu Marriage Act for declaring the marriage as
null and void and the court dismissed the appeal and held the marriage as null and
void. As both of them are sapindas and the marriage was performed under the
threat and the force. Also, the respondent was unable to produce the evidence and
there was also the delay in filing the appeal. So the court dismissed the appeal.
 FAMILY LAW CA
SUBMITTED TO : DIVYA MAM
SUBMITTED BY : JYOTI MEHMI
REGISTRATION NO: 11716098
SECTION: L1703
ROLL NO: A11