P&H HC imposes Rs 25,000 cost on couple for attempting to mislead Court

Read Order: Aarti and another v. State of Haryana and others

LE Staff

Chandigarh, October 14, 2021: The Punjab and Haryana High Court has disposed of a Protection Petition, filed by a couple, with the direction to the Commissioner of Police, Panchkula to look into the matter and to dispose off the representation expeditiously in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest.

Herein, the first petitioner, Aarti, 20 years old, and second petitioner ,Tushar aged 19 years and 5 months had approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents (relatives of Aarti), having married against their wishes.

The petitioner’s case was that they had solemnized marriage on September 26,2021 after running away from their homes. However, neither any marriage certificate had been annexed with the petition nor any photographs of the marriage had been annexed nor any particulars were forthcoming as to where the marriage was solemnized.

The Bench of  Justice Gurvinder Singh Gill found that that it was a case where second petitioner Tushar was not of marriageable age. From the pleadings, it was apparent that the petitioners had made an attempt to mislead the Court by stating that they had solemnized marriage, whereas infact there was no such evidence to this effect as the petitioners had now come up with a plea that on September  26,2021, they had stayed in a hotel and there in the room itself second petitioner had applied vermilion (sindoor) on forehead of second petitioner and they had exchanged garlands and “saptapadi” was performed by lighting fire in an utensil in the same room. 

It was further stated therein that, however, no sermons were chanted by anyone while “saptapadi” was performed.

Noting that the aforesaid explanation appeared to be an attempt to cover up the fact that infact there was no valid marriage amongst the petitioners though it had been stated so in the petition, the Bench opined that it can hardly appreciate such like conduct on the part of the petitioners, who, in order to get relief from Court,tried to mislead the Court. 

In any case, since the petitioners apprehend threat to their lives and liberty, this Court cannot shirk from its duties to secure and protect the lives and liberty of the petitioners, in case there is any genuine threat to the same, added the Bench.

Ordering certain directions, the Court also burdened the petitioners with costs of Rs.25,000 to be paid in High Court Legal Services Committee keeping in view the fact that the petitioners did not approach this Court with clean hands and rather made an attempt to mislead the Court.