This story is a news snippet where Runaway Couple approached Punjab Haryana High Court Chandigarh for protection as they married against the wishes for their parents but the boy concealed his first marriage and son from the court which came into notice of the court and later the boy denied signing the affidavit which he says he was previously unmarried and not having issues out of the wedlock. Now the accused has asked court to compare the signatures of his own handwriting with the previous ones which Punjab Haryana High Court allowed.

Now let’s have the case.

FIR against Runaway Couple High Court Chandigarh
FIR against Runaway Couple High Court Chandigarh

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Case against runaway couple: Court allows accused to get signatures compared

More than a year after the Punjab and Haryana High Court initiated criminal proceedings against a runaway couple for giving false information in their petition seeking protection, the court has now allowed the accused to get the affidavit of their petition compared with their standard handwriting or signatures. The runaway couple had approached the High Court in 2018 for protection but ended up getting arrested for giving false information before the court.

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FACTS

The runaway couple from Ludhiana was caught red handed in their own case in September 2018 when it was revealed during hearing at the court that the man in the petition had concealed the fact that he is already married and also has a child. When the runaway couple’s petition came up for hearing, the Ludhiana man’s first wife also approached the court and apprised it regarding their marriage. Following an enquiry into the matter by High Court’s Registrar Vigilance, a complaint was filed before the Chandigarh court against the runaway couple for giving false evidence and statement in a judicial hearing.

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One of the two accused had now filed a petition in the High Court seeking comparison of the signatures in affidavit of the 2018 petition with their signatures in then power of attorney. The contention made by the accused is that they had never signed the affidavit in which the factum regarding his subsisting marriage was concealed. It had been written the man is unmarried. The request for comparing the signatures had earlier been turned down by Chandigarh CJM Court.

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“The accused is equally entitled to adduce his evidence in support of his defence, which is a valuable right. In case such right to lead his defence is denied to the accused, it would lead to denial of fair trial,” said a single bench of the High Court, while allowing the accused to get the affidavit in question compared by a hand writing expert in accordance with law.

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However, the court also added that the same will not given an extra mileage to the accused and the trial court will be within its powers to decide the case on the basis of other evidences available on record. The accused man continues to remain in custody since August 2018. The woman, who had come with him to court for protection in 2018 and then claimed to have married him against wishes of her parents, is on bail.

The counsel representing the High Court – which is the complainant in the case, and the Chandigarh Police had argued that the purpose of the prayer seeking comparison of the signatures is an attempt to delay the proceedings, adding that the accused have not denied filing of the 2018 petition. It was also contended that if the accused is aggrieved with the conduct of their then counsel, he can avail the disciplinary remedies. The court was also told the affidavit was never disowned by the accused before the enquiry officer of High Court.

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LAWS CONCERNED

  • Section 12(2)(i) in The Hindu Marriage Act, 1955 reads as(i) Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage. Marriage founded on fraud from very inception is a nullity
  • Section 17(2) in The Indian Contract Act, 1872;(2) the active concealment of a fact by one having knowledge or belief of the fact; Also Read- LOVE MARRIAGE PROTECTION FROM HIGH COURT CHANDIGARH
  • Section 17(4) in The Indian Contract Act, 1872;(4) any other act fitted to deceive;
  • Section 17(5) in The Indian Contract Act, 1872;(5) any such act or omission as the law specially declares to be fraudulent. Explanation.—Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2, or unless his silence, is, in itself, equivalent to speech.
  • Section 341 [A person is said to make a false document or false electronic record— First —Who dishonestly or fraudulently(a) makes, signs, seals or executes a document or part of a document.
  • Section 203:- Giving false information respecting an offence committed; Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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Here the runaway couple has committed a series of serious crime after one and other. Though the accused (husband) has mentioned that the signatures were forged and he hadn’t stated that he was single but that doesn’t justifies the fact that, he, who is having a wife and baby, has married again in full senses and has committed a crime.

Hon’ble court has to still decide upon the matter but the husband is in jail and his second wife who alleged that she has married against wishes of her parents is on bail.

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For case specific advice, please contact marriage protection lawyers advocates in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Baltana of Punjab and Haryana High Court.

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