"Unholy Alliance": P&H High Court Dismisses Protection Plea Of Married Woman Residing With Another Man, Imposes Costs Of 25K

Calling it an "Unholy Alliance", the Bench of Justice Manoj Bajaj dismissed the petition with costs of Rs.25,000/- to be deposited with District Legal Services Authority, Patiala.

Background of the matter

Sono/Sonu (petitioner No.1/) got married with Gurjit Singh (respondent No.4) and out of this wedlock, three children (one girl and two boys) were born.

For the last six months, petitioner No.1 came in contact with petitioner No.2, namely, Sukhwinder Singh, who is widower and has no child from his marriage. As stated in the plea, the Petitioners fell in love and when the relationship of the petitioners came into knowledge of private respondents, they turned against their alliance and then petitioners decided to live together.

They submitted a representation to Senior Superintendent of Police, District Patiala, whereupon no action was taken. Thus, the petitioners filed the instant protection plea before the High Court apprehending that the private respondents would cause harm to them.

Court's Order

After hearing the counsel for the petitioners, the Court opined that the Woman, who is already married, has now entered into relations with petitioner No.2 without dissolution of marriage.

The Court further remarked,

"The petitioner No.1 has entered into (an) unholy alliance with the petitioner No.2 and the petition is based on bald averments without any supportive material. Since the petitioners have filed this petition without a valid and convincing cause of action, therefore, the petitioners deserve to be burdened with costs."

In view of the above, the petition was dismissed with costs of Rs.25,000/- to be deposited with District Legal Services Authority, Patiala.

In related news, the Punjab & Haryana High Court had, last month, observed that first wife not consenting to husband's second marriage is not a relevant factor in protection plea of muslim couple.

The alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife is not to be gone into in the present proceedings which are only regarding providing of protection to the petitioners", remarked the Punjab & Haryana High Court on Wednesday (16^th December).

It may be also be noted that the Rajasthan High Court had, in November 2020, observed in a matter that married person living with someone else's spouse is an immoral act and the Court can't give seal of approval by ordering police protection

"The married persons living with somebody else's spouse would amount to committing an immoral act and a seal of approval cannot be given by this Court by directing the police to give them protection", remarked the Rajasthan High Court (Jaipur Bench) while dismissing a plea for police protection with cost of Rs.10,000/-

The Bench of Justice Sanjeev Prakash Sharma was hearing the plea of a couple who prayed before the Court that they be granted police protection.

Case title - Sono @ Sonu and another v. State of Punjab and others [CRWP-345-2021]

Click Here To Download Order

Read Order