Is Panchayati divorce recognised under Hindu Marriage Act, HC asks State to determine

The Punjab and Haryana High Court has asked the State of Punjab to consider whether a Panchayati divorce is recognised under the Hindu Marriage Act, 1955, and to determine whether a Punjab Police constable’s termination from service is justified for contracting a second marriage when his first is subsisting.

The direction by Justice Jagmohan Bansal came in a case where the petitioner, a constable claimed that his first marriage was dissolved through a Panchayati settlement, after which he remarried. Despite his acquittal in the subsequent criminal case, he was dismissed from service under the provisions of the Punjab Police Rules for violating the Government Employees (Conduct) Rules, 1966.

Justice Bansal’s Bench was told that the petitioner joined Punjab Police as a constable in March 1992. He solemnised the marriage in 1996 but the parties decided to part ways due to matrimonial discord. No decree of divorce was obtained from court of competent jurisdiction. But they parted their ways on the basis of Panchayati divorce and permanent alimony of Rs 1 lakh was paid to wife.

The Bench was further told that the petitioner solemnised his second marriage in June 2000. “On account of discord, she moved a complaint before SSP, Amritsar, alleging that the petitioner cheated her. He solemnised the second marriage while the first was subsisting.”

An FIR was registered against him and the police after alleged rape and other offences after completion of investigation. The trial court acquitted the petitioner and his family and the complainant-wife compromised the matter. But the competent authority ordered the termination of his services after holding that act amounted to gravest misconduct warranting dismissal.

“The petitioner is claiming that there was Panchayati divorce between the parties, though there was no decree of divorce passed by the court of competent jurisdiction. Thus, the respondent’s act did not amount to gravest misconduct warranting dismissal,” his counsel asserted. He added that Panchayati divorce was recognised by the Hindu Marriage Act. But the respondent-authority did not consider question of validity of Panchayati divorce and ordered to dismiss him from service”.

State counsel, on the other hand, submitted that the petitioner placed on record Panchayati divorce. But he did not produce evidence that Panchayati divorce was recognised in his community. As such, there was no opportunity with the authorities to consider the question.

“It is a case of dismissal from service. The petitioner solemnised second marriage under the bona fide belief that his first marriage stands dissolved. The authorities have not considered whether

Panchayati divorce was recognised in terms of Section 29(2) of 1955 Act as well as judgments of Supreme Court. Thus, this court finds it appropriate to remand the matter back to Disciplinary Authority to reconsider case of the petitioner,” Justice Bansal asserted.

The Bench added the petitioner would produce evidence that Panchayati divorce was recognised in his community and it was valid divorce under Section 29(2) of 1955 Act. “Let the needful be done within six months. It is made clear that the petitioner shall not be deemed to be reinstated on account of instant order. The order passed by Disciplinary Authority would determine the fate of the petitioner. It is further made clear that any observation made heretofore shall not be treated as expression of opinion of this court on merit and Disciplinary Authority would decide the matter on merit without being influenced by observations of this Court,” Justice Bansal asserted.