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[Cites 3, Cited by 0]

Punjab-Haryana High Court

Sonu And Anr vs State Of Haryana And Others on 25 January, 2021

Author: Harnaresh Singh Gill

Bench: Harnaresh Singh Gill

CRWP No. 694 of 2021                                                           -1-

           In the High Court of Punjab and Haryana at Chandigarh

                                                   CRWP No. 694 of 2021
                                                   Date of Decision: 25.1.2021

Sonu and another                                                   ......Petitioners

                                          Versus

State of Haryana and others                                      ......Respondents

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:       Mr. Azad, Advocate
               for the petitioners.

                          ****

HARNARESH SINGH GILL, J. (ORAL)

Case is taken up for hearing through video conferencing. This petition has been filed under Article 226 of the Constitution of India for issuance of directions to respondents No. 2 and 3 to protect the life and liberty of the petitioners from the hands of respondents No. 4 to 6.

Learned counsel for the petitioners submits that both the petitioners are already married and having children and petitioner No. 1 has also filed a divorce petition, which is still pending. He further submits that both the petitioners are known to each other from the last more than one year and they have been living together in live-in relationship and facing threat from the family members of petitioner No. 1. In this regard, petitioner No. 1 has also moved a representation dated 14.1.2021 (Annexure P-3) to Superintendent of Police, Jind-respondent No. 2 but no action has been taken on the same so far.

I have heard the learned counsel for the petitioner. In the present case, both the petitioners have living spouse and they have also not been granted divorce by the competent Court.

A Division Bench of Allahabad High Court in the case titled as 1 of 2 ::: Downloaded on - 26-01-2021 00:57:07 ::: CRWP No. 694 of 2021 -2- `Akhlesh and another Vs. State of U.P. and others' decided on 25.02.2020 and a Single Bench of Allahabad High Court in the case titled as `Kusum and another Vs. State of U.P. and others' decided on 09.11.2016, held that in the cases where any of the petitioners, has not obtained divorce from his/her spouse, no protection can be granted.

In view of the above, the present petition is dismissed, as no ground is made out to allow the prayer made in the petition.




                                        (HARNARESH SINGH GILL)
                                              JUDGE
January 25, 2021
Gurpreet

Whether speaking/reasoned        :      Yes/No
Whether reportable               :      Yes/No




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