Manjot Kide and Another vs State of Punjab and Others

S.S. Saron, J.—The petitioners had a liking for each other and they wanted to solemnize their marriage amongst themselves. However, parents of petitioner No. 2-Jasvir Kaur did not allow them to do so. The petitioners belong to different castes and religions. Petitioner No. 1-Manjot Kide is a Christian by faith and petitioner No. 2-Jasvir Kaur is Ramdasia by caste. They are both major. The petitioners of their own, it is stated, have married amongst themselves. Their marriage was solemnized according to Sikh rites and ceremonies at Gurudwara Dashmesh Pita Patshai 10th, Panchkula, on 29.5.2014.

Learned counsel for the petitioners has been apprised of the provisions of Sections 4 and 5 of the Indian Christian Marriage Act, 1872. The same read as under:-

Marriages to be solemnized according to Act.

-- Every marriage between persons, one or both of whom is or are a Christian, or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.

Persons by whom marriages may be solemnized.--Marriages may be solemnized in India--

(1) by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;

(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland;

(3) by any Minister of Religion licensed under this Act to solemnize marriage;

(4) by, or in the presence of, a Marriage Registrar appointed under this Act;

(5) by any person licensed under this Act to grant certificates of marriage between Indian Christians.

In terms of the above provisions, the marriage is to be solemnized in accordance with the said provisions and any marriage solemnized otherwise than in accordance with the said provisions, is to be void.

Learned counsel for the petitioners submits that, in any case, the petitioners are together of their own and without going into the question of validity of their marriage, since they are living together of their own, they may be given protection.

It is submitted that, in the meantime, the petitioners shall take steps to ensure that the petitioners are validly married.

In view of the peculiar facts and circumstances of the case and without commenting on the validity of marriage between the parties, the petition is disposed of with a direction to respondents No. 2 and 3 that in case the petitioners approach any of them setting out their grievances as have been made in the present petition, the same would be looked into and considered by them independently and in accordance with law.

Nothing stated herein shall be construed as commenting on the valid status of the marriage between the petitioners.