On 15th June, a bench of Punjab and Haryana High Court consisting of Justice Arun Monga while hearing a protection plea under article 21 of the constitution ordered police protection to the second wife of a man who has been misled into believing that her husband had divorced his first wife. The court further stated that the direction has been given in the interest of justice.
Facts of the case:
The Petitioners in the present case sought protection qua their life under the extra ordinary writ jurisdiction to, invoking Article 21 of the Constitution of India. They claimed to be married as per Muslim Rights and Customs.
Submission of the petitioner:
Petitioner No.2 who is the wife of Petitioner no. 1 claimed to have legitimately remarried after divorcing his first wife i.e. respondent No.6.
Submissions of the respondent:
The counsel for the respondent on the other hand while strongly controverting the averments of the petition contended that petitioner No.2 and respondent No.6 continue to be married, as the purported divorce given by petitioner No.2 is not cognizable under the law as the mode of divorce was used by Petitioner no. 1 was by triple Talaak having pronounced “Talaak Talaak Talaak” three times to his first wife. It was further averted that Triple Talaak is not recognized in law and even as per Muslim Rights it is not a legitimate divorce.
Order of the Court:
On hearing both the parties the Hon’ble court held that it is open to the private parties to seek other appropriate remedies, as may be available to them under the law. However, in the interest of Justice the court granted to the limited extend only for protecting the life and liberty of petitioner No.2/second wife, who according to the court may have been misled into her marriage with petitioner no.1.
Read Order @Latestlaws.com
Share this Document :Picture Source :
