Harjinder Singh And ANR v. State Of Punjab And ORS

CRWP-8764-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP-8764-2020 Date of Decision: 23.10.2020 Harjinder Singh and another ....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Chander Shekhar Singhal, Advocate, for the petitioners.

KARAMJIT SINGH , J. (Oral) The case has been taken up through Video Conferencing due to prevailing situation of COVID-19.

The petitioners have filed the present petition seeking direction to respondent Nos.2 and 3 to provide protection to their life and liberty at the hands of respondent Nos.4 and 5.

As per the pleadings, petitioner No.1-Harjinder Singh is aged about 43 years and he is living separately from his wife for the last more than seven years and they were having panchayati divorce. Petitioner No.2, who is aged about 39 years, was married with respondent No.4-Dilbag Singh and she is having three children out of the said wedlock. Now, she is having matrimonial dispute with her husband and she has already filed divorce petition against respondent No.4, which is pending in the District Court, Jalandhar. It means that the marriage of petitioner No.2 with respondent No.4 is still subsisting. It is alleged in the petition that both the petitioners are presently living together in live-in-relationship.

In view of the above, the present petition is not maintainable. The VIRENDRA SINGH ADHIKARI 2020.10.24 06:55 I attest to the accuracy and integrity of this document

CRWP-8764-2020 -2Co-ordinate Bench of this Court, vide order dated 18.02.2020 passed in CRWP-957-2020 titled as Parvinder Kaur and another Vs. State of Haryana and others, in similar situation, had directed that in case the petitioners fear in threat to their life and liberty, they may approach District Head of the Police Department, who will consider their request.

Accordingly, it is directed that if the petitioners approach respondent No.2, i.e., Senior Superintendent of Police (Rural), Jalandhar, it shall assess the threat perception, if any, to their life and liberty and may provide the required protection, in accordance with law. 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 legal action, if they are found involved in the commission of any criminal offence. In case, the petitioners have committed any offence, the law will take its own course.

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

(KARAMJIT SINGH) JUDGE 23.10.2020 adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2020.10.24 06:55 I attest to the accuracy and integrity of this document