SADDAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for providing protection to petitioners i.e. Saddam, aged about 33 years and Tahira, aged about 25 years, at the hands of respondents No.4 and 5, who are parents of petitioner No.2 and respondents No.6 to 10-other relatives of petitioner No.2.

(2.) A perusal of the petition shows that it is pleaded that both the petitioners are known to each other for the last two years and have performed marriage at Ambala Cantt, as per Nikahnama dtd. 19/6/2021 (Annexure P-3). It is further stated that the petitioners are apprehending threat at the hands of respondents No.4 to 10 and despite making representation dtd. 20/6/2021 (Annexure P-4) to the Superintendent of Police, Nuh, no action has been taken. It is also stated that petitioner No.2 was earlier married and she left the matrimonial home on her own sweet will and started living with petitioner No.1. It is stated in para No.12 of the petition that this is second marriage of both the petitioners, as petitioner No.2 was married to another man and similarly, petitioner No.1 has also performed second marriage. On 29/6/2021, the police authorities were directed to assess the threat perception to the petitioners and act in accordance with law and an observation was made in the said order that it is without commenting upon validity or otherwise of the marriage.

(3.) Mr. Munfaid Khan, Advocate has put in appearance on behalf of one Sarmina, first legally wedded wife of petitioner No.1 and has placed on record her Aadhar Card and Aadhar Cards of five children, who were born out of the wedlock of Sarmina with petitioner No.1 Saddam. It is submitted that the lady has been left at the mercy of God, as petitioner No.1 has refused to maintain his legally wedded wife and five minor children aged between 1' year to 11 years. He has brought to notice of the Court that petitioner No.2 was also earlier married to one Saddam (other than petitioner No.1) and she is also having a child from the said wedlock and so-called marriage between the petitioners is illegal and is not acceptable under the law.