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Writer's pictureAequitas Victoria

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

Legal Correspondent: Anuradha Patel


August 21, 2021: 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 impious 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. The description presented by the petitioners to respondent no 2 does not include accusations against private respondents no 5 to 7 as averred in the writ petition, much less the way and mode of alleged threat extended to the petitioners.

During the hearing, the lawyer for the petitioner could not satisfy the High Court that the woman has got a legal divorce from respondent no 7. “This Court assumes no difficulty to assume that petitioner no 1 has started an impious connection with petitioner no 2. Jarnail S. Saneta, Advocate for the petitioners, recommended that the petitioners have registered a description dated August 13, 2021, to the Superintendent of Police, Jind, seeking protection to their life and liberty at the occurrence of private respondents, but to date, no step has been taken. But for the bald accusations that private respondents no 5 to 7 are giving threat to the petitioners, no supportive element has been set on record. According to the woman, her parents got her married to respondent no 7 on July 29, 2018, against her will and out of that marriage, a child was born. The couple had requested the High Court for issuance of directions to the state to protect their life and liberty from the hands of private respondents, who were questioning their relationship.

The Court held that petitioner no 1 is previously married to respondent no 7 and out of that marriage, a child was born. Moreover, there is no valid and reliable element in the writ petition for operating the extra-ordinary writ jurisdiction,” the order read. After some time of marriage, she fell in love with petitioner no 2 and now they are staying together.


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