Simarjit Kaur Sandhu vs State Of Punjab And Others
2022 Latest Caselaw 6138 P&H

CRWP-5680-2022                                                -1-

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       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                  CRWP-5680-2022
                                                  Date of decision : 05.07.2022

Simarjit Kaur Sandhu

                                                                      ...Petitioner

                                         Versus

State of Punjab and others

                                                                    ...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr. Hoshiar Singh, Advocate for the petitioner.

             Mr. Sarabjit S. Cheema, AAG, Punjab.

             ****

VIKAS BAHL, J. (ORAL)

The present Criminal Writ Petition has been filed under

Articles 226/227 of the Constitution of India for directing the official

respondents to protect the life and liberty of the petitioner and her friend

namely Gursewak Singh who are in Live in Relationship and also not to

interfere in their personal life and liberty.

Learned counsel for the petitioner has submitted that the

petitioner has given a representation dated 07.06.2022 (Annexure P-2) to

respondent No.2-Senior Superintendent of Police, in which, it has been

stated that the petitioner who was earlier married to respondent No.4 had

left the matrimonial home on account of maltreatment and is living with her

friend namely Gursewak Singh out of her free Will but they have danger to

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their life and liberty from the private respondents. It is further submitted that

the petitioner is not legally divorced from respondent No.4.

Learned counsel has relied upon an order passed by a co-

ordinate Bench of this Court dated 03.09.2021, passed in CRWP-7874-2021

titled as "Paramjit Kaur and another vs. State of Punjab and others" as

per which although the divorce petition filed by petitioner no.2 therein was

dismissed, yet this Court had granted protection to the petitioners.

Notice of motion to respondent Nos.1 to 3 only.

On advance notice, Mr. Sarabjit S. Cheema, AAG, Punjab,

appears and accepts notice on behalf of respondent Nos.1 to 3 and on a

specific query put by this Court, he has stated that he has no objection in

case, respondent No.2-Senior Superintendent of Police, looks into the

representation dated 07.06.2022 (Annexure P-2) and takes appropriate

action in accordance with law.

This Court has heard learned counsel for the parties.

The petitioner is seeking protection of life and liberty on the

plea that she is in Live in Relationship with one Gursewak Singh and with

respect to the petitioner not being legally divorced from respondent No.4, it

is relevant to refer to a judgment of the Division Bench of this Court dated

03.09.2021 passed in LPA-769-2021 titled as "Ishrat Bano and another

vs. State of Punjab and others". Ishrat Bano (petitioner therein) had filed

Criminal Writ Petition no.7903 of 2021 which was dismissed by the learned

Single Judge of this Court. The relevant portion of the order passed by the

learned Single Judge dated 01.09.2021 is reproduced hereinbelow:-

"Prayer in this writ petition is for issuance of a

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direction to the official respondents to protect the life and liberty of the petitioners at the hands of respondents No.5 to 9.

Counsel for the petitioners has argued that the petitioners have performed the marriage and are apprehending threat to their life and liberty at the hands of respondents No.5 to 9. It is further submitted that previously, the petitioner No.2 was married to one Alia Hasan and the marriage was annulled by way of divorce documents dated 26.07.2018, 27.08.2018 and 27.09.2018 i.e. vide 03 divorce deeds executed by petitioner No.2 - Aslam Khan himself.

A perusal of these 03 divorce deeds relied upon by the petitioners reveals that these are one sided documents prepared by petitioner No.2 and there are two common witnesses namely Shehnaz Ali and Feroz Khan. There is no signature of the first wife of petitioner No.2 namely Alia Hasan, giving her consent to such divorce. Even otherwise, a perusal of these divorce deeds further reveal that the marriage of petitioner No.2 was performed with Alia Hasan on 06.07.2013 and out of the said wedlock two daughters namely Sohalia Aslam and Amima Aslam were born, who are alive and residing with the first wife of petitioner No.2 i.e. Alia Hasan.

Counsel for the petitioners has further argued that after this one sided customary divorce, the petitioner No.2 has now performed marriage with petitioner No.1 on 20.08.2021. The Co-ordinate Bench while taking up this petition has directed the petitioners to inform the Court as to how much amount, the petitioner No.2 is ready to give to his earlier wife to enable her to maintain herself.

Despite taking 02 dates, no such proposal has

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come.

This Court cannot ignore the fact that the Court being legal guardian of the 02 minor girls, who are living at the mercy of their mother - Alia Hasan, as the petitioner No.2 is not only claiming to have divorced his first wife Alia Hasan but he has also refused to maintain and take care of the upbringing of his 02 minor daughters aged 4½ years and 02 years.

On the face of it, the present petition is nothing but a ploy to seek a seal of this Court regarding the lustful and adulterous life of petitioner No.2 with petitioner No.1 and the Court cannot be a party to the same. The arguments of petitioner No.2 that he has a right to perform second marriage under Muslim Law is misconceived as this Court instead of taking an academic view is more concerned about the welfare of 02 minor girls as it is clear that petitioner No.2 has intentionally failed to maintain his first wife and 02 minor daughters.

Accordingly, the present petition is dismissed with Rs.1,00,000/- costs to be paid to Alia Hasan."

A perusal of above would show that since the Court had

primarily observed that the divorce documents were one sided documents,

thus, prima-facie it appeared that the divorce was not legal. The matter was

taken up in appeal and the Division Bench of this Court vide judgment

dated 03.09.2021 passed in LPA-769-2021 titled as "Ishrat Bano and

another vs. State of Punjab and others" held as under:-

"The aspect which we are considering and dealing with is with regard to the threat to the life and liberty to the appellants as has been asserted by them. No doubt, in case a criminal case is registered against any of the

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parties, the law should take its own course, however, the life and liberty of any person who has approached the Court with such a grievance need to be taken care of and the protection be provided as permissible in law. No person can be permitted or allowed to take law in his hands and therefore, keeping in view the said aspect, we dispose of the present appeal by observing that the Senior Superintendent of Police, Maler Kotla, shall take into consideration the representation dated 17.08.2021 (Annexure P-5) submitted by the appellants and if some substance is found therein, take appropriate steps in accordance with law to ensure that the life and liberty is not jeopardized of the appellants at the hands of the private respondents. This direction shall not be construed in any manner to restrain the official respondents to proceed against the appellants in case there is some criminal case registered against them. The law shall take its own course and it shall be open to the authorities/investigating agency to proceed against the appellants, if required in law and in accordance thereto."

Thus, the Division Bench after considering the aspect of

protection of life and liberty being of paramount consideration and without

getting into the issue as to whether the relationship between the parties was

legal or not, however, granted them protection.

In view of the same, it goes without saying that protection of

life and liberty is a basic feature of the Constitution of India. Every person,

more so, a major, has the right to live his / her life with a person of his / her

choice. At any rate, whenever this Court, prima-facie, is satisfied that on

account of some relatives/ persons being unhappy with the relationship

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between the petitioner and another person could cause harm to the life and

liberty of the petitioner, then in such circumstances, the Courts are required

to pass necessary directions for the protection of the petitioner.

After considering the abovesaid facts and without commenting

upon the legality of the relationship and expressing any opinion on merits of

the case, the present Criminal Writ Petition is disposed of with direction to

respondent No.2 to look into the representation dated 07.06.2022 (Annexure

P-2) and after considering the threat perception to the petitioner and her

friend namely Gursewak Singh, respondent No.2 will take appropriate

action in accordance with law.

It is, however, clarified that this order shall not debar the State

from proceeding against the petitioner, if involved in any criminal case.

05.07.2022                                            (VIKAS BAHL)
Pawan                                                    JUDGE


             Whether speaking/reasoned:-              Yes/No

             Whether reportable:-                     Yes/No




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