No Ban On Court Marriage In Chandigarh

No Ban On Court Marriage In Chandigarh

No Ban On Protection in Runaway Marriage Couple Cases –

The High Court of Punjab and Haryana is a common institution for the States of Punjab, Haryana and the Union territory of Chandigarh and this High Court has jurisdiction over the Punjab, Haryana and the union territory of Chandigarh. High Court shall have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders or writs, for enforcement of any rights conferred by Part III and for any other purpose.

How Court Marriage is related to High Court?

The High court has no direct connection with the marriage or court marriage. The High court is a constitutional court and related to the fundamental rights of the citizen provided by the constitution of India. Now here we talk about the Article 21 of the Constitution of India. Article 21 is one of those articles who protect the personal life and personal liberty of the person. The important Components of Article 21 are the following – 1) Person, 2) deprivation of Life, 3) deprivation of personal Liberty, 4) Procedure established by Law.

So Article 21 connected the running Marriage couple and High court with each other. Because running marriage couple has apprehension/threat from some people those are against their marriage. At that time, the Married couple can approach the High court for the protection of their life and personal liberty. According to Article 21 High court is bound to provide the protection of life and liberty after examining the apprehension of the married couple without commenting on the legal validity of the marriage.

Suo Moto – A Power of Self Cognizance of matter

Generally, a matter is brought to a court by one of the interested parties. Suo moto cognizance means when the judiciary takes up a matter on its own on grounds of blatant violation of the law, to maintain public order, to prevent the gross constitutional violation, to remedy grave injustice. This kind of cognizance virtually presupposes public at large as one of the parties. Usually, amicus curiae is appointed in such matters to assist the court.

Some year ago, Hon’ble High Court Chandigarh found some discrepancy in the marriage certificate, which issued by a marriage institution to the running marriage couple. Then Hon’ble High court took the Suo Moto Cognizance in the matter and passed an order against such marriage institution who perform the marriage of running couple without any authorization and High Court issued some guidelines also against the Marriage institution who found guilty. Otherwise, the High Court never put any ban on listing marriage (Protection Matter) matter before Court.

Advocate in Chandigarh protects the couples, especially when they are feeling helpless in their own cities.


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