By : Anshu Prasad
The Punjab & Haryana High Court recently comprising of a bench of Justice Arun Monga questioned a man as to why he didn't legitimately end his matrimonial alliance from his wife, after he (and his female live-in partner) filed a protection plea and claimed that he has been compelled to provide motherly care to his children since his wife has deserted him. ( Nirbhey Singh and another v. State of Punjab and others)
The Bench observed that his inaction to legitimately end his matrimonial alliance from the biological mother of his children, indicated a lack of bona fides on his part.
However, in order to avoid any possibility of the female partner being put to any unnecessary perils and/or having been misled by the Man, the Court ordered protection to the female live-in partner (petitioner number 2/a widow).
The Court said, "It would be a travesty of justice in case she has to suffer any risk to her life and/or liberty and therefore, she deserves to be protected to that extent."
Facts of the Case
Petitioners (Man-Woman in Live In Relation) claimed to be in live-in-relationship, sought directions to protect their lives and liberty apprehending threat from the parents and relatives of female partner (petitioner No.2), who are stated to be not happy with their relationship.
Petitioner No.1 (male partner) submitted that though he was married, his wife had deserted him to live with another partner.
He also stated that out of his wedlock, he has two children i.e. son aged 19 years old and daughter aged 16 years old, who are in his custody. -
While on the other hand, the female partner (petitioner No.2) submitted that she is a widow and out of her wedlock she too is blessed with two children i.e. two sons aged 12 years and 7 years, respectively.
Contention of the Parties
Their counsel submitted that the live-in-relationship was merely for the sake of better upbringing of the four children and thus, both the petitioners decided to live under the same roof for providing them better co-parenting.
Courts Observation & Judgment
The Court remarked, "While the intention of both the petitioners may have been noble, one doesn't know though, but what seems to be incongruous on the part of petitioner No.1 is that he has taken no steps till date to file appropriate matrimonial proceedings seeking divorce on the ground of desertion and/or otherwise as provided under the Hindu Marriage Act, 1955. He claims that he has been compelled to provide motherly care to his children through petitioner No.2, since his wife has deserted him. But from his inaction to legitimately end his matrimonial alliance from the biological mother of his children, there appears to be lack of bona fides on his part."
In the premise, the Court ordered, no grounds to interfere are made out.
The bench noted, “In the parting, however, in order to avoid any possibility of the petitioner No.2 being put to any unnecessary perils and/or having been misled by petitioner No.1, who has started living with him, it would be travesty of justice in case she has to suffer any risk to her life and/or liberty and therefore, she deserves to be protected to that extent.”
The bench disposing of the petition ordered, “Accordingly, respondent No.2-Senior Superintendent of Police, Sri Muktsar Sahib, District Sri Muktsar Sahib, shall look into the threat perception of petitioner No.2 and in case, so warranted, provide her with mobile number of a lady police official to whom she can approach, in case of any untoward incident at odd hours, in case, she feels any threat to her life.
It is clarified that this order shall neither be treated as a stamp of approval by this Court qua the self proclaimed relationship of the petitioners nor any reflection on the merits of the contentions raised by them in their petition. Disposed of accordingly.”
Read Order ;
SOURCE ; latestlaws.com/
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