Chaman Kaur and Another vs State of Punjab and Others

Vijender Singh Malik, J.—Chaman Kaur and Jiwan Saini are the two petitioners before me in this petition brought u/s 482 Cr.P.C. seeking directions to respondents no. 1 to 3 for protection of their life and liberty. They are claimed to have married against the wishes of parents of Chaman Kaur. Annexure P-3 is the marriage certificate issued by Aadi Shakti Ved Pathshala which mentions that the marriage between the two has been solemnized on 26.1.2013 according to Hindu rites. A Hindu marriage, as per section 5 of the Hindu Marriage Act, 1955 can be solemnized between any two Hindus. So, this is the primary requirement of a Hindu marriage that two persons marrying are Hindus.

Chaman Kaur admittedly is a Muslim. She has placed on record her affidavit, Annexure P-1, where in the first paragraph she asserts that she belongs to Muslim religion. She further asserts in para 2 of the affidavit that she has now changed her religion from Muslim to Hindu and changed her name from Chaman to Chaman Kaur. The affidavit is silent about the rituals performed at the time of conversion. This is also not having details of the place where this conversion took place and who was the Priest or the person who conducted the rituals for the change of religion. In the absence of all these details, it cannot be believed that Chaman who has been a Muslim has become Hindu. Therefore, the marriage between the two is not valid.

Learned Counsel for the petitioners has contended that as per Hon''ble Supreme Court of India in Lata Singh Vs. State of U.P. and Another, inter-caste marriages are in the national interest. Inter-caste marriages and inter-religious marriages are to be distinguished. Inter-religious marriages may create an ugly situation while the inter-caste marriages integrate the various sections of the society. In these circumstances, I do not find a valid marriage to be there between the parties. Consequently, no relief is available to the petitioners. The petition is accordingly dismissed.