AIR 1949 HIMACHAL PRADESH 1

Himachal Pradesh High Court

Hon'ble Judge(s): Bannerji , J

(A)Hindu Law - Marriage - Custom - Validity - Custom cannot override Statute - Custom of marriage by 'Patiara' and 'Jhanjrara' in Himachal Pradesh based on offence of abduction or kidnapping within Penal Code is invalid - Compromise between parties to prosecution for kidnapping is no evidence of valid marriage contract - Essentials of patiara ceremony stated - Custom - Himachal Pradesh, It is the elementary principle of law that a custom cannot override the Statute. Indian Penal Code is in force in the Himachal Pradesh and therefore, the custom of elopement or in plain language kidnapping or abduction preceding a 'Patiara' or a 'Jhanjrara' which is prevalent in Churah illaqa in Himachal Pradesh is not only a custom against morality and public policy but it is against the penal law enforced in the State and is therefore illegal. Where the mother of the kidnapped girl files a complaint against bridegroom for the offence, the fact that the parties come to a compromise withdrawing the complaint does not evidence any contract of marriage between the parties ad the offence is non-compoundable and the compromise is illegal. After having committed a crime, the accused bride-groom cannot be heard to say that his crime has been condoned and that he is entitled to be declared husband of the minor girl whom he has wronged irreparably.(Para 10 11 ....