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Harpreet Kaur And Another v. State Of Punjab And Others

Harpreet Kaur And Another v. State Of Punjab And Others

(High Court Of Punjab And Haryana)

CRWP-10399 of 2021 | 01-11-2021

ASHOK KUMAR VERAMA, J.

1. Prayer in this petition, filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of private respondents as the petitioners are in live-in-relationship against the wishes of the private respondents.

2. Perusal of file shows that petitioner No.1 Harpreet Kaur aged about 23 years is legally wedded wife of respondent No.4 Gurjant Singh, and without seeking divorce from her spouse she is living a lustful and adulterous life with petitioner No.2. Once petitioner No.1 is a married woman being wife of respondent No.4-Gurjant Singh, the act of petitioners particularly petitioner No.2 may constitute an offence under Sections 494/495 IPC. Such a relationship does not fall within the phrase “live-in relationship” or “relationship” in the nature of marriage.

3. Petitioners have no legal right for protection on the facts of the present case inasmuch as the protection as being asked may amount to protection against commission of offence under Section 494/495 IPC. This petition has been filed just to obtain a seal of this Court on their so called live-in-relationship. On the face of it, the representation (Annexure P-3) appears to be a fake document as no receipt or diary number of the office of Senior Superintendent of Police, Barnala is given or attached.

4. In view of the above, the present petition is dismissed.

Advocate List
  • Mr. Davinder Singh, Advocate, for the petitioners. Mr. C.L. Pawar, Sr. DAG, Punjab.

Bench
  • HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
Eq Citations
  • LQ/PunjHC/2021/15902
  • 2022 (1) RCR (Criminal) 111
Head Note

Validity of live-in relationship — Petitioner No.1, legally wedded wife of respondent No.4, living a lustful and adulterous life with petitioner No.2, without seeking divorce from her spouse — Held, act of petitioners particularly petitioner No.2 may constitute an offence under Ss. 494/495 IPC — Such a relationship does not fall within the phrase “live-in relationship” or “relationship” in the nature of marriage — Petitioners have no legal right for protection on facts of present case inasmuch as protection as being asked may amount to protection against commission of offence under S. 494/495 IPC — Petition filed just to obtain a seal of Supreme Court on their so called live-in-relationship — Representation (Annexure P-3) appears to be a fake document as no receipt or diary number of office of Senior Superintendent of Police, Barnala is given or attached — Constitution of India, Art. 226