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Live-in relationship without obtaining decree of Divorce from the previous marriage attracts Bigamy : The High court of Punjab and Haryana

Title – Reena Devi and Anr. vs State of Punjab and others

Decided on- 06/11/2023

+CRWP-10805/2023

CORAM-HONORABLE MR. KULDEEP TIWARI

INTRODUCTION

As the petitioner filed a petition under Article 226 of the constitution for the mandamus being made upon the respondents no. 1 to 3 to protect their lives and liberty and a direction made upon the respondents no. 1 to 3 not to falsely implicate the petitioners in any false criminal case.where the petition was rejected by the Hon’ble court stating that no material has been disclosed by the petitioner such blad and vague allegations cannot be readily and naively accepted by the court.

FACT

As per the facts the petitioner 1 and petitioner 2 have attained their majority and they have been living in live-in relationship since September. Where there relationship has been accepted by the petitioner 2 family but have caused Grievance to the family of petitioner 1 where the family of petitioner 1 threatened to kill to kill the petitioners which have made them apprehensive of danger to their lives and liberty and in result approach the honorable court.Moreover though the factum qua institution of a divorce case interse petitioner no. 2 and his wife under the learned family court patiala which was undisclosed by the petitioner in the petition whereby the petitioner 1 was unmarried.

THE COURT ANALYSIS AND DECISION

As looking into the petition there are neither any supportive material has been placed on record by the petitioner tp corroborate their allocations nor any single instance pertaining to the manner and mode of alleged threats being extended petitioner has anywhere disclosed as on the fact of the above it appears that in order to avoid any criminal prosecution in case of adultery, the present petition has been instituted and the hidden intent of the petitioners is just to obliquely obtain the seal of the court on their conduct hence the court find no concrete ground to grant the asked relief (s) which are consequently negated therefore instant petition is hereby dismissed.

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Written by – Prachee Novo Mukherjee

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