Punjab-Haryana High Court
Vishal Masih And Anr vs State Of Punjab And Others on 18 January, 2021
Author: Harnaresh Singh Gill
Bench: Harnaresh Singh Gill
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CRWP-408-2021
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-408-2021
Date of Decision: 18.01.2021
Vishal Masih and another
... Petitioners
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Ravi Dutt Sharma, Advocate,
for the petitioners.
Mr. Randhir Singh Thind, DAG, Punjab.
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 for issuance of a writ in the nature of mandamus directing respondents No.1 and 2 to protect the life and liberty of the petitioners at the hands of respondents No.3 to 9.
Learned counsel for the petitioners contends that on 23.10.2017, when petitioner No.2 was a minor, her marriage was solemnized with respondent No.3 without her consent and even she was forced to develop physical relations with respondent No.3 following which a male child was born to her on 16.06.2018. However because of the mental and physical harassment caused by respondent No.3 and his family members, petitioner No.2 left her matrimonial house on 12.05.2020 and started living at her parental house. During her stay at her parental home, petitioner No.1 had come in the contact with petitioner No.2 and he had 1 of 2 ::: Downloaded on - 19-01-2021 02:29:50 ::: -2- CRWP-408-2021 provided help and moral support to her and due to that reason, they have developed liking for each other. He further contends that respondent No.3 had filed a divorce petition against petitioner No.2 for dissolution of marriage, which is pending adjudication. The learned counsel, thus, prays to protect the life and liberty of the petitioners at the hands of the private respondents, who are family members of petitioner No.2.
On the other hand, learned State counsel opposes the prayer made in the present petition.
I have heard the learned counsel for the parties. A Division Bench of Allahabad High Court in the case titled as `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 the present case also, petitioner No.2 has not obtained any divorce from her husband-respondent No.3, and a divorce petition between them is still pending.
In view of the above, the present petition is dismissed, as no ground is made out to allow the prayer made in the petition.
18.01.2021 (HARNARESH SINGH GILL)
parveen kumar JUDGE
Note: Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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