In a public interest writ petition regarding protection of NRI brides, the court declined to direct the State Government to formulate a specific safeguard policy, noting that the enactment of the Punjab Compulsory Registration of Marriages Act, 2008, demonstrated sufficient government awareness.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.8996 of 2006 Date of Decision: 19.01.2009
Ravinder Singh Pannu and another
..Petitioner
versus
Union of India and others
..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA
Present : Mr. Ranjan Lakhanpal, Advocate for the petitioner
Mr. O.S.Batalvi, Advocate for Union of India
Ms. Madhu Dayal, Addl. A.G. Punjab for the respondent-State of Punjab.
T.S.Thakur, C.J. (Oral)
In this petition filed in public interest, the petitioner has prayed for a mandamus directing the respondents to frame a policy and issue guidelines ensuring the safety and protection of the brides/bridegrooms who marry NRIs, but are later deserted to suffer without any remedy, livelihood or maintenance. When the matter came up before us on 24.09.2008, Mr. Singh, learned Addl. Advocate General, Punjab submitted that the Punjab
CWP No.8996 of 2006 [2]
Legislative Assembly had already passed Punjab Compulsory Registration of Marriages Act, 2008, and forwarded the same to the President for her assent. He had sought two months time to report further development in the matter.
Mr. Batalvi, learned counsel appearing for Union of India and Ms. Dayal, Addl. Advocate General, Punjab submit that the new legislation has already been submitted to the President's for her assent and the needful is expected within a short time. They also submit that with the marriages becoming compulsorily registrable, the problem faced by those marrying N.R.Is would get substantially reduced.
Mr. Lakhanpal, learned counsel appearing for the petitioner, however, submits that while the new legislation may reduce the hardships arising out of absence of any law or policy in regard to the registration or verifications of the marriages with NRIs, the same may not completely eliminate the possibility of NRIs taking advantage and tempting unsuspecting brides into wedlocks. He submits that the government could be directed to formulate a proper policy in this regard apart from the legislation that has been brought on the statute book.
We have given our careful consideration to the submission of Mr. Lakhanpal but find it unnecessary to issue any direction to the State Government for formulation of any specific policy on the subject. We say so because whether or not there ought to be a State policy in relation to marriages with N.R.I., is a matter on which the Court would not like to express any opinion in exercise of its public interest jurisdiction. If the Government is sensitive to the problems arising out of NRIs taking undue advantage of the gullibility of the brides in this country, it can certainly
CWP No.8996 of 2006 [3]
formulate a suitable policy. For that no direction is necessary from this Court. The fact that the State Government have brought a legislation requiring such marriages to be registered, shows that the Government is aware of the problems arising out of such marriages. In the circumstances, it is unnecessary for us to either advise the State Government on this aspect or stipulate any definite parameters within which the policy must be framed. All that we need say is that it is open to the State Government to take such steps as are, in its opinion, necessary to prevent any fraud being committed with the citizens of the country either in the nature of bigamous marriages or otherwise. It is neither necessary nor proper for us to say anything beyond that. The writ petition is with the above observations disposed of leaving the parties to bear their own costs.
(T.S.THAKUR) CHIEF JUSTICE
(HEMANT GUPTA) JUDGE
19.01.2009 'ravinder'
2 issues framed by the court
Whether the Supreme Court or High Court should frame a policy for protecting brides/bridegrooms of NRIs marrying into the country?
Whether the Punjab Compulsory Registration of Marriages Act, 2008, adequately addresses the protection of vulnerable brides?
1 provisions across 1 enactments
Ravinder Singh Pannu
Union of India
T.S. Thakur
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
