Haseena And ANR v. State Of Haryana And ORS
CRWP No. 8655 of 2023 2023:PHHC:131113
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRWP No. 8655 of 2023 DATE OF DECISION :- 09.10.2023 Haseena and another
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present:- Mr. Salman Ahmed, Advocate for the petitioners. Mr. Ramesh Kumar Ambavta, AAG, Haryana.
*** PANKAJ JAIN, J. (Oral) Petitioners in the present petition are here seeking protection claiming that they are in live-in-relationship. 2.
Though as per the law laid down by supreme Court in the case of 'D.Velusamy vs. D. Patchaiammal' 2010(1) SCC 469live-in-relationship needs to be established by leading cogent evidence and is a matter of trial which cannot be taken on its face value in the original jurisdiction. Yet notice of motion was issued and as per the reply filed by the learned State counsel, petitioner No.1 Haseena has suffered statement to the following effect :- "Stated that I am resident of aforesaid address and doing labourer work. My marriage was solemnized 20 years ago with Kamruddin son of Majid and having seven children. Out of which three are girls and four are boys. My husband Kamruddin used to harass me and he is drunkard person. I PARVINDER SINGH 2023.10.12 09:26 I attest to the accuracy and integrity of this document chandigarh
CRWP No. 8655 of 2023 2023:PHHC:131113 used to talk with Samim son of Karim Khan from last six months. Samim used to reside at the house of his brother-in-law in Village Nijampur and he occasionally used to come in Village Mewli. On 26-08-2023 I came in Village Nijampur with my free will and is residing with Samim. I have danger from my husband and his relative, so on 28-08-2023 I and Samim filed a petition before Hon'ble Punjab & Haryana High Court at Chandigarh to seek protection and resident together live-inrelationship wherein I have stated that 1 have immense danger to our life and liberty from Kamruddin son of Majid, Samsuddin, Suli son of Suleman @ Ali Mohammad, Khurshid son of Majid, resident of Devla Nangli, Police Station Sadar, Nuh and Ishar son of Kapoor, Police Station Hathin, District Palwal.
I and Samim are residing together in live-inrelationship with Samim with my free will at Village Nijampur, Police Station Sadar, Tauru, Nuh. Now we have no danger of any kind. We have no need any police protection and we both are residing together happily. If we will need any kind of police protection in that eventuality, we will take the same from the Police Station. Statement heard and recorded." 3.
In view of the above, no cause of action survives to the petitioners. The petition has become infructuous and is dismissed accordingly.
(PANKAJ JAIN) JUDGE 09.10.2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2023.10.12 09:26 I attest to the accuracy and integrity of this document chandigarh