In its recent order dated September 30, 2021, the Punjab & Haryana High Court dismissed a protection plea filed by a live-in couple who were married to their respective spouses. The court observed that both are living a lustful and adulterous life with each other without obtaining a divorce from their marriage.
A plea was filed by a live-in couple who submitted that they both are in love with each other for the last so many years and are in a live-in relationship for the last one month.
Kavita (petitioner), who is aged about 35-years was living with Angrez Singh (petitioner), who is aged about 32-years. Both are married to their spouses respectively.
The petitioners expressed apprehensions at the hands of “aforementioned persons”, however, no such persons were named in their entire representation (addressed to Superintendent of Police, Kaithal) and nothing was stated as to from whom, they were apprehending threat.
Divorce Filed by Woman
The woman-petitioner submitted that she had filed a divorce petition, but the same has not been granted so far. However, while perusing the petition, the court noted that no date was given in the petition seeking divorce and no case number was mentioned on the said divorce petition. To this the court noted,
A perusal of this petition would show that neither any date is given in the petition seeking divorce nor any date is given in the application seeking grant of interim maintenance. There is no case number mentioned on the said divorce petition.
Punjab & Haryana High Court
The Bench of Justice Arvind Singh Sangwan observed the submissions and on the face of it said,
…both the petitioners, without seeking divorce from their respective spouses, i.e. respondent No. 4 and 6, respectively, are living a lustful and adulterous life with each other and have relied upon a totally vague document i.e. representation wherein it is nowhere stated that from whom, they are apprehending threat to their life and liberty.
In view of this, dismissing their plea, the Court noted thus:
It is worth noticing here that in the absence of any allegation by not naming anyone in the representation, it cannot be presumed that both the petitioners have any apprehension from their own spouses and this petition has been filed just to obtain a seal of this Court on their so called live-in relationship.
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