Last Updated on June 6, 2024 by Satish Mishra
In this post we will discuss about the decision of the high court of Punjab and Haryana in which the Hon’ble high court made it clear that Panchayati divorce has no legal sanction in the eyes of law and the marriage cannot be considered to be dissolved on the basis of such divorce.
In 2021, the Punjab and Haryana High Court ruled in the case of Nishan Singh v. State of Punjab that a Panchayati divorce is not legally valid. The court’s decision, made by Justice Alka Sarin, stated that Section 4 of the Hindu Marriage Act of 1955, which covers marriage conditions and divorce procedures, invalidates all customs and usages. The court also ruled that the alleged marriage between the petitioners was illegal and against the act’s provisions.
Panchayati Divorce or Marriage is illegal and would be against the provisions of the Hindu Marriage Act, 1955 which provides for the conditions of marriage and for divorce.
Pointers:
1 Panchayat cannot be Dissolve the marriage.
2 Divorce through Panchayat has not sanctity.
3 Panchayat decision is not valid in Court.
4 There is no Automatic Divorce in India.
5 There is no such provision of giving 50% to the wife.
PANCHAYATI DIVORCE HAS NO LEGAL SANCTITY – HIGH COURT
INTRODUCTION : In this post we will discuss about the decision of the high court of Punjab and Haryana in which the hon’ble high court made it clear that panchayati divorce has no legal sanction in the eyes of law and the marriage cannot be considered to be dissolved on the basis of such divorce.
Facts of the case : A couple from Punjab claimed to have married in a Kharar based Gurudwara on January 21 as per Sikh rites. The couple had approached the high court for seeking protection of their life and liberty from their relatives who are against their marriage. During the hearing of this case the enable High court found that the couple had earlier been married to some other people. The women had taken a legal divorce but the men had taken the panchayati divorce from his first wife. The men had even produced an affidavit dated 19 June 2017from his first wife stating that they had dissolved their marriage through a panchayati divorce.
Legal issues : whether the Panchayati divorce is a legal and valid divorce in the eyes of law ?
Related legal provisions : section 4 of Hindu marriage act 1955.
Decision of the hon’ble Punjab and Haryana High court: Justice Alka Sarin held that the learnt counsel is relying upon the panchayati divorce which has no recognition in the eyes of law. There is no decree of dissolution of marriage of petitioner no .1 (male petitioner) by a court of competent jurisdiction and his first marriage subsists in the eyes of law. The counsel has not been able to show as to how the court can provide protection to the petitioners as a couple when petitioner no. 1 has not legally divorced his earlier spouse. Regarding the threat to their life, the high court observed that they can approach SP of the district concerned for protection.
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Conclusion : Thus the hon’ble high court has made it clear that it has no legal sanction in the eyes of law and the marriage cannot be considered to be resolved on the basis of such divorce. All customs including panchayati divorce, according to HC cease to exist after formulation of Hindu marriage act 1955. The Hindu marriage act was enacted in the year 1955. It is an act to amend and codify the law related to marriages among Hindus. The Hindu marriage act is a complete code which provides for the conditions of a valid marriage as well as the procedure of divorce. In view of the provisions of section 4 of the Hindu marriage act 1955 all customs and usages ceased to have effect. The court thus held that contention of the Learned counsel for the petitioner that the petitioner had sought and got a panchayati divorce is the an argument which cannot be accepted.
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This post is written by Karishma Jain
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