Judicial Stunner- Incomplete 'Phere' breaks marriage bond –discussion-video report

Judicial Stunner- Incomplete 'Phere' breaks marriage bond

 

Video report on INDIATV

Husband wife and their lawyers discuss the case with views from the SC lawyer and Pundit on incomplete phere as ground

 

 

 

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In a bizarre ruling, a family court in Kanpur district of Uttar Pradesh annulled the 12-year-old marriage of a couple on the basis of five ‘Phere’ (steps) and same gotras.

It was a shocking verdict for girl's father, who is fighting the legal battle since 22 August 2001.

In the 100-page ruling, the judge pronounced the verdict against Neeru, citing reduced Phere and same gotras. The judge said that as per the Article 11 of the Hindu Marriage Act 1955, the marriage was not completed due to reduced Phere and same gotra. As per the Hindu Marriage rituals seven Phere are compulsory. Surprisingly, the marriage was cancelled by the family court for just short of two Phere.

The 'Saat Phere' is an important ritual performed during the wedding in which the bride and the groom circumambulate a sacred fire, known as agni, seven times.

However, Neeru claimed that the 'Saat Phere' ritual was properly performed at a time of marriage.

Reacting on the decision, the Neeru's lawyer described it as a big mistake committed by the family court. He said that there were four evidences had been produced before the court.

The pundit, who performed the marriage, deposed twice before the magistrate and he confirmed completion of 'Saat Phere'. Four other witnesses were also produced before the court and marriage video was also played twice in the court, the lawyer said.

However, lawyer is keen to challenge the lower court order in Allahabad High Court but demoralized Neeru refused to fight the legal battle anymore.

The verdict was real stunning for Neeru and people of the city as well. Neeru’s father is completely broken after the verdict and gave up the hope of any justice. A tearful Neeru was also disappointed with the verdict and said she don’t wish to challenge the verdict.

http://english.samaylive.com/nation/676473614.html

Family, advocate under scanner for threatening girl

Family, advocate under scanner for threatening girl

New Delhi: Delhi court has sought a probe into the role of a girl's family members, an advocate and a police officer for allegedly extending threat to her for marrying her boyfriend against the wishes of her family.
Vacation Judge Kamini Lau expressed concern over the role of the advocate who allegedly advised her parents to kill her for the sake of family's honour.
"What has shocked me the most is the fact that in her statement made today the girl, who is prima facie a major as on date, not only alleged that her life is in danger... It is alleged that this lawyer had advised her parents to kill her as she had given a bad name to their family," the court said.

Girl fearing honour killing gets protection

The court had earlier directed the police to trace the girl who had gone missing a few days after marrying her boyfriend even though she was in the custody of her parents.
Chanchal Sharma, who herself appeared before the court along with her husband Gaurav Sharma, today made the allegations against the Investigating Officer (IO), the lawyer and her parents.
The matter also came up before Delhi High Court's Vacation Bench of Justice S N Dhingra as a reference was made by the trial court to it.
The High Court directed the police to produce the girl before it on June 21 if they are not able to trace her till June 19 as directed by the trial court.

Women's rights panel seeks report on Delhi honour killings

During the proceedings before the trial court, the girl alleged the IO had threatened her that she would be sent to jail if she did not go to her parents' place.
"This deadly combination of the men in uniform i.e. police and advocate is a matter of serious concern for the society," the court said.
"Recently, there has been a spate of cases where young couples who eloped and married against the wishes of their families, have been brutally killed. Such acts and tendencies can neither be glorified nor encouraged, being against the norms of any civilized society and under no circumstances, those who are responsible for implementation of laws can be permitted to be a party to the same," the court added.

http://sify.com/news/family-advocate-under-scanner-for-threatening-girl-news-cities-kgsuN0fidfa.html

Delhi HC dismisses PIL against same gotra marriage

 

HC dismisses PIL against same gotra marriage

New Delhi, Jun 18: Delhi High Court dismissed a Public Interest Litigation (PIL) seeking amendment in the law to ban marriages in the same clan (gotra). Delhi HC called the petition as 'a waste of time', prompting the petitioner, Naresh Kadyan, to withdraw his plea. The vacation bench of Justice SN Dhingra and Justice AK Pathak took the decision.

"You don't know what gotra is. Which Hindu text prescribes banning of sagotra (same clan) marriage? Why are you wasting the time of the court," the court asked.

"If you are not able to substantiate your words, then you should not have come before the court," the bench said.
Kadyan's counsel Rajendra Yadav sought the direction of the court to the government for the recruitment of a commission to bring about the necessary amendments in the Hindu Marriage Act to ban same gotra marriage. The councel submitted by Kadyan representing Khap Panchayats submitted that same gotra marriage is violative of the fundamental rights and against the Hindu traditions

 

http://news.oneindia.in/2010/06/18/delhi-hc-dismisses-pil-against-same-gotra-marriage.html