Punjab & Haryana High Court Pulls Up 'Pandit' For Allegedly Performing Child Marriage

The Punjab & Haryana High Court has come down heavily on a Pandit who allegedly performed a child marriage without verifying the age and without following the directions of the High Court.

According to High Court's direction in Sukhwinder Sigh and another v. State of Punjab and others, all the Pandit of Mandir, Molwi of Masjid, Granthi of Gurudwara and Paadari of Girjaghar in Punjab, Haryana and U.T. Chandigarh, after every three month of year were directed to produce their register with counter-file before the SHO having jurisdiction over the area where such Mandir, Masjid, Gurudwara and Girjaghar are situated and it was directed to be returned back after an inspection is done by the concerned SHO for verification of age of the parties.

Justice Arvind Singh Sangwan said, "on the face of it, the Pandit, who has performed the marriage has failed to comply with the aforesaid directions and the record shown by him reflects that there is no seal of SHO of the local area regarding verification of the same periodically to find out whether any child marriage is performed or not."

The Court noted that a fake documents were produced by the couple seeking police protection to support that the girl is a major. "Even, the Pandit, who has brought the record nowhere reflects the date of birth of (the girl) in his record and it appears that without verification of any document, he has performed the alleged marriage just to take his fee," said the Court.

The Court further directed the Commissioner of Police, Panchkula to look into the matter with regard to performance of the alleged marriage of the minor girl.

These observations were made in a contempt plea filed by the father of the minor girl against a SHO. The minor girl had allegedly married with a 27 years old boy, seeking police protection from their parents.

The counsel for the petitioner submitted that as per the Birth Certificate, the date of birth of the girl is 08.02.2007 and even in the Aadhar Card, the same date of birth is reflected.

Reliance is placed upon a certificate issued by the Headmaster, Government High School, Mullanwal, Gurdaspur dated 30.08.2023 wherein the date of birth of the girl as per the government school record is also shown as 08.02.2007.

The Court noted that both these documents appear to be genuine documents and the Aadhar Card relied upon by the couple in protection petition is a "false document" much less not to comment about the person, who has made the translation wherein the date of birth is shown as 07.08.2002, and the same is not a correct translation of Aadhar Card.

The bench said that the affidavit on behalf of the Deputy Superintendent of Police, Gurdaspur (Rural), in compliance of the previous order, has been filed in the Court, which is taken on record, wherein it is stated that the enquiry has been conducted and as per the birth certificate, the age of the girl is 08.02.2007 and action is being taken against the Pandit, in accordance with law as she was of tender age.

It further referred to Sukhwinder Sigh and another v. State of Punjab and others, where the Court issued slew of directions to pujari, Qazis, fathers in Punjab, Haryana and U.T. Chandigarh to check Child Marriage in the region.

The Court directed the Commissioner of Police, Panchkula, to look into the matter with regard to performance of the alleged marriage of a girl, which is prohibited under the Prohibition of Child Marriage Act, 2006.

While listing the matter for December 12, it directed the SHO and Lady Head Constable to take back the girl child and drop her at the residence of her father.

Title: Nirmal Singh v. Sarabjit Singh

Appearance: Sham Lal Saha, Advocate and  Rajender Kumar, Advocate for the petitioner.

Vikram Sheoran, Advocate for Monu Kaushik (Pandit).

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