Punjab and Haryana High Court: While dealing with a peculiar set of facts in a petition for protection of life and liberty, Karamjit Singh, J., dismissed the same on the ground of maintainability.
The factual matrix in the instant case is that the present petition has been filed seeking directions to respondent 2 and 3 to provide protection to their life and liberty at the hands of respondents 4 to 7. The petitioner is married to respondent 4 but they have been living separately on account of matrimonial dispute and differences. Later, petitioner 1 started living with petitioner 2, who is already married to someone else.
It is revealed that respective marriages of both the petitioners are still in force and they are in a live-in relationship with one another. Considering this, the petition cannot be maintained.
The Court relied on the judgement in Parvinder Kaur v. State of Haryana, 2020 SCC OnLine P&H 1166 where this Court had directed that if the petitioners perceive any threat to their life, they may approach the police authorities who will take cognizance of their request. In a similar fashion, in the present case, if the petitioners approach the police authority concerned, protection might be provided after threat assessment, if necessary.
The Court has remarked that this order shall, in no way serve as validation and recognition of the said live-in relationship and will not entitle them to any protection against legal action. In case the petitioners have committed an offence, then they will be dealt with by following the due procedure under Indian law.
In view of the above, the petition has been disposed of.[Anita Kumari v. State of Punjab, 2020 SCC OnLine P&H 1780, decided on 23-10-2020]
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