Every Law Based On Ways Of Life Preached From Ancient Times, Immoral Acts Not Acceptable To Society Became Criminal Offences: High Court

While raising suspicion on the 'nikah' performed by a couple seeking protection the Punjab & Haryana High Court said that all laws are based on way of life, and acts not acceptable to society were defined as offences by the Bhartiya Nyaya Sanhita (BNS).

The Court doubted the correctness of the pleadings by noting that the couple and witnesses were from different states and in the picture placed on record, "the parties to the marriage are sitting on a double bed and signing some document."

Justice Sandeep Moudgil said, "This Court would not short to say that each and every law framed by our law framers in the Parliament or any Assembly has the basis of our these ways of life as preached right from the ancient time which led to incorporation of the then Indian Penal Code and now Bhartiya Nyaya Sanhita which is based upon purely and primarily on the principles and circumstances prevailing from the ancient time wherein whichever act was found to be not acceptable by the society or was to be considered immoral has been termed and defined as a criminal offence thereof."

These observations were made while hearing the plea of a run-away couple, wherein the boy was from Punjab and the girl from Madhya Pradesh stated to have performed Nikah. It was submitted that the couple is apprehending threats from their family members.

After hearing the submissions, the Court opined, "that the present petition is a frivolous petition and lacking credibility in the pleadings as well which is also not corroborating with the certificates and the photographs at all as well as the contents of the petition being self contradictory does not inspire the confidence of this Court."

An attempt has been made to dupe the Court and such an act cannot be accepted by any Court of law and the same tantamounts to an offence of forgery and contempt of Court by the petitioners, it added.

Perusing the plea, the Court said, "it is only a concocted story prepared to invoke the territorial jurisdiction of this Court wherein admitted facts are that one of the petitioner belongs to Madhya Pradesh, another is from Punjab whereas the attorney stated to be in the certificate of marriage issued by one Kazi who is a resident of Pinjore."

Apart from that, out of two witnesses, one is from Uttar Pradesh and another from Rajasthan. The nexus seems to be travelling and interconnected among various States, the judge noted.

Doubting on the correctness of the pleadings, Justice Moudgil said, "even on the perusal of the photographs where neither any Kazi is available to be seen nor the witnesses and in the marriage certificate by way of declaration made by the Kazi."

"It is pointed out that all the above said persons were present at the time of solemnization of the marriage. The photographs placed on record also depicts that the parties to the marriage are sitting on a double bed and signing some documents," the Court noted further.

The court added that this act would need to be enquired into since the prevailing practice was not only an attempt to mislead the Court but also damaged the social, and moral values, ethics and traditions upon which Indian culture is based.

In light of the above, the Court said, "it cannot shut off his eyes that under the garb of seeking protection by invoking Article 21 of the Constitution of India the whole judicial system and the legal precedents are being ignored."

Noting that the petitioner requested to withdraw the plea, the Court said the petition dismissed the plea as withdrawn.

Mohd. Salim, Advocate for the petitioner. Mr. Rajiv Verma, DAG, Punjab.

Title: XXXX v. XXXX

Citation: 2024 LiveLaw (PH) 175

Click here to read/download the order