Omkali And Another v. State Of Haryana And Others

CRWP No.8123 of 2020 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP No.8123 of 2020 Date of decision:08.10.2020 Omkali and another ... Petitioners Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Karan Singh, Advocate for the petitioners.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Petitioner No.1 was earlier married to respondent No.4-Mahesh Pal. Due to matrimonial discord, she is living separately and had filed the petition under Section 13 of Hindu Marriage Act, 1955 (Annexure P-4). The marriage of petitioner No.1 with respondent No.4 is subsisting. In view of the above, the present petition is not maintainable. The Co-ordinate Bench of this Court, vide order dated 14.05.2019 passed in CRM-M-21763-2019, Dimple and another Versus State of Haryana and others, in similar situation, had directed that in case the petitioners fear any threat to their life and liberty they may approach the Senior Superintendent of Police, who will consider their request. SAVITA KADIAN 2020.10.08 17:42 I attest to the accuracy and integrity of this document High Court Chandigarh

CRWP No.8123 of 2020 {2} Accordingly, it is directed that if the petitioners approach the police authorities, they shall independently assess the threat perception, if any, to their life and liberty and may provide the required protection. However, it is also made clear that this order shall not be taken to validate the alleged relationship of the petitioners or entitle them for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognizable offence. In case, the petitioners have committed any offence, the law will take its own course.

With the abovesaid observations and directions, the present petition stands disposed of.

(SUVIR SEHGAL) JUDGE October 08, 2020 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2020.10.08 17:42 I attest to the accuracy and integrity of this document High Court Chandigarh