Protection Plea: Married Woman & Unmarried Man: P&H HC Directs SSP To Look Into Their Grievancenir

Protection Plea: Married Woman & Unmarried Man: P&H HC Directs SSP To Look Into Their Grievance

The Hon’ble Punjab & Haryana High Court directed the SSP, Faridkot to look into the grievance of an already married woman and an unmarried man living together in a relationship and was seeking protection against Article 21 that is right to life and personal liberty guaranteed under the Indian Constitution. 

In the instant case, the petition was filed under Article 226 of the Constitution of India. Subsequently, the Hon’ble Justice Vivek Puri while disposing of the plea directed the Senior SP to look into the matter. 

Further, after taking into consideration all the allegations, it was discovered by the Hon’ble court that both the petitioners had attained the age of majority. petitioner no. 1 is a married woman, respondent no. 4 is the husband of the married women petitioner no. 1 in the instant matter and their marriage is yet not dissolved.  

Furthermore, it was also noted by the Hon’ble court that both the petitioners were living together and were having threat to their life and personal liberty by Woman’s Husband. 

Moreover, in the due course, it was discovered that the woman’s husband had even filed a petition under Article 226 of the Indian Constitution for issuance of the writ of habeas corpus for ensuring the release of the woman. 

Subsequently, the petition filed by the women’s husband got dismissed as the Hon’ble court believes after hearing petitioner no. 1 that the woman was living with petitioner no. 2 as per her will and she was not illegally detained. 

In continuation, the Hon’ble court also stated that “It is fairly considered by learned counsel for the petitioners that they will be satisfied in the event the adequate directions are issued for their protection and safety and appropriate action is initiated on the representation which has already been submitted to official respondents.”

Additionally, the Hon’ble court remarked that the order should not be construed as in any expression that validates the relationship of the petitioners.

Nirali Jain
"The man who asks a question is a fool for a minute, the man who does not ask is a fool for life." I am Ms. Nirali jain, final year student B.Com LL.B (Taxation law) of University of petroleum and energy studies Dehradun. I consider my self as a good reasearcher and I feel that knowledge is the one thing that never reduces by sharing. It in fact improve you. I hope my work gives insight on emerging issues to the community at large and would encourage them to develop their skills.