Friday, February 3, 2023

Punjab and Haryana High Court refuses protection to married woman, live-in partner

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The Punjab and Haryana High Court has dismissed the petition of a married woman, seeking protection for herself and her live-in partner, stating that the woman entered into an unholy alliance without taking legal divorce and also failed to produce substantial material regarding the alleged death threats made by her husband and other family members.

A Single-Judge Bench of Justice Sant Prakash observed that the present writ petition deserves to be dismissed for the following more than one reasons.

The Court held that petitioner no 1 is already married with respondent no 7 and out of that wedlock, a child was born. After some time of marriage, she fell in love with petitioner no 2 and now they are in a live-in relationship. During the course of hearing, the Counsel for the petitioner could not convince the High Court that the woman has got legal divorce from respondent no 7.

“This Court feels no hesitation to say that petitioner no 1 has entered into an unholy alliance with petitioner no 2. Except for the bald allegations that private respondents no 5 to 7 are giving threat to the petitioners, no supportive material has been placed on record. The representation submitted by the petitioners to respondent no 2 does not contain allegations against private respondents no 5 to 7 as averred in the writ petition, much less the manner and mode of alleged threat extended to the petitioners. Furthermore, there is no valid and convincing material in the writ petition for exercising the extra-ordinary writ jurisdiction,” the order read.

The couple had approached the High Court for issuance of directions to the state to protect their life and liberty from the hands of private respondents, who were opposing their relationship.

Also Read: Declining registration of marriage of 18-year-old man is violation of law: Punjab and Haryana HC

According to the woman, her parents got her married to respondent no 7 on July 29, 2018 against her wishes and out of that wedlock, a child was born. She alleged that her husband used to harass her mentally and physically and therefore, she left her matrimonial home. Presently, she is residing with man in live-in relationship. She alleged that the private respondents were threatening them to eliminate them.

Jarnail S. Saneta, Advocate for the petitioners, submitted that the petitioners have filed a representation dated August 13, 2021 to the Superintendent of Police, Jind, seeking protection to their life and liberty at the instance of private respondents, but till date, no action has been taken.

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