High Court: Marriages being relegated to contracts
Saurabh Malik
Tribune News Service
Chandigarh, July 23
When a Moga couple tied the knot two years ago, little did anyone realise that the marriage was allegedly a contract between the two sides. As per terms and conditions, the groom side was to allegedly spend money on facilitating their immigration to Canada. Things went wrong after the bride reached Canada with groom’s side allegedly spending around Rs 30 lakh, but the boy was left behind, leading to registration of a case.
Taking a serious view of the matter, Justice Fateh Deep Singh of the High Court asserted that matters where marriages were given a contractual tinge were getting rampant notoriety in Punjab.
“However, the courts cannot shut its eyes to such shocking reality whereby marriages are being relegated to contracts for attainment of such sinister designs…,” said Justice Fateh Deep Singh.
The matter reached the High Court after the bride’s father filed a petition seeking grant of an anticipatory bail in the FIR registered on March 11 for cheating and criminal conspiracy.
The groom had alleged that the marriage was solemnised in August 2018 in accordance with an arrangement. The wife went to Canada, but did not call the husband.
Appearing before the Bench through video-conferencing, counsel for the petitioner contended that it was a pure matrimonial dispute. It was by sheer providence that the boy did not qualify for immigration.
Opposing the prayer, the state counsel submitted that the accused side committed a serious fraud with the complainant and the custodial interrogation was “very much essential”. The state counsel added they refused to even refund the money spent on the bride’s immigration to Canada.
Before parting with the order, the Bench asserted a debatable issue arose over the applicability of Section 420 and his joining the investigation would suffice the purpose. “On his doing so, he shall be released on bail to the satisfaction of the investing officer…,” added Justice Fateh Deep Singh.
