Man Allegedly Gives 'Triple Talaq' To First Wife To Remarry: P&H High Court Grants Protection To Second Wife Noting She Might Have Been 'Misled'

The Bench of Justice Arun Monga was hearing the protection plea of the Petitioners sought protection qua their life, invoking Article 21 of the Constitution of India.

They claim to be married as per Muslim Rights and Customs, whereas Petitioner No. 2 (Man) claimed to have legitimately remarried after divorcing his first wife i.e. respondent No.6.

While on the other hand, on advanced knowledge of the instant petition, the counsel for respondent No.6 (First wife) joined the proceedings and strongly controverted the averments of the petition.

The second wife submitted that petitioner No.2 (Man) and she herself continued to be married, as the purported divorce given by Man was not cognizable under the law.

She further submitted that Man claimed to have divorced her by triple Talaak having pronounced "Talaak Talaak Talaak" three times to her, despite the fact that Triple Talaak was not recognized in law and even as per Muslim Rights, it was not a legitimate divorce.

She further averred that, in fact, the petition had been filed with an oblique motive to create a defense in the criminal proceedings registered against him under Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006 and Sections 420/467/468/120-B IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012.

Court's order

Having heard the rival contentions of the counsel, the Court observed that no ground to interfere in the present proceedings were made out.

The Court said that it was 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, to a limited extend only for protecting the life and liberty of petitioner No.1 (second wife), the Court directed the Superintendent of Police, Palwal to look into her threat perception noting that she may have been misled into her marriage with petitioner no.1.

"In case there is any substance in the same, he may take appropriate steps in accordance with law, for grant of protection of life and liberty to petitioner No.1 (second wife)," said the Court.

Case title - Rijwana and another v. State of Haryana and others

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