Apprehending Wife In Illicit Relationship May Falsely Implicate Husband, Punjab & Haryana HC Orders Thorough Investigation Into Prospective FIRs
The Punjab and Haryana High Court as an “abundant caution” has directed thorough investigation of any complaint or FIR that the wife in “illicit relationship” files against her husband, so that he is not dragged into frivolous litigation.Observing that the protection petition filed by the wife and her partner is without any merit and “abuse of process of law”, Justice Alok Jain...
The Punjab and Haryana High Court as an “abundant caution” has directed thorough investigation of any complaint or FIR that the wife in “illicit relationship” files against her husband, so that he is not dragged into frivolous litigation.
Observing that the protection petition filed by the wife and her partner is without any merit and “abuse of process of law”, Justice Alok Jain said,
“The petitioner No.1 being a woman has ample rights in the matrimonial home but apparently, in the present case, it seems that the petitioners have been caught in their illicit relationship and dismissal of this petition may lead to lodging of various litigations against the husband by petitioner No.1, who is apparently not even aware of the deeds of the wife.”
The Court further added that therefore, as an “abundant caution”, it is ordered that in case the woman files any complaint or lodges any FIR against her husband on any of the grounds mentioned in this case, the same should be “thoroughly investigated” and subjected to “cogent proofs” so that her husband is not “dragged into any frivolous litigation”.
These observations were made while hearing the protection plea filed by a couple who were already married and had children with their spouses.
After examining the petition, the Court said there is no merit in the present petition and it is a clear abuse of process of law.
While directing to find cogent proof if the woman, seeking protection files FIR against husband alleging dowry demand or giving life threat, the Court also made it clear if the case is already filed then it will be proceeded accordingly.
The Court further clarified that the respective spouses of the petitioners are permitted to take the filing of the protection petition as “cruelty towards them”.
While noting that the plea was withdrawn the Court dismissed the petition stating that, “the present petition deserves to be dismissed with exemplary cost, however, taking a lenient view, the present petition stands dismissed as withdrawn without expressing any opinion on the merits of the case.”
Appearance: Harjinder Singh, Advocate for the petitioners.
P.S. Grewal, DAG, Punjab.
Citation: 2023 LiveLaw (PH) 203
Case Title: X v. State of Punjab and others