MANJOT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Manjot Singh (petitioner No. 1), aged 27 years, and Kajal (petitioner No. 2), aged 20 years, have approached this Court for issuance of a writ in the nature of mandamus directing respondent Nos. 2 and 3 to protect lives and personal liberty of the petitioners and also for issuance of directions to respondent Nos. 4 to 9 or their associates or any other person at their behest, not to interfere in the personal lives and liberty of the petitioners or to harass them in any manner against their wishes.

(2.) It is pleaded in the petition that petitioner No. 2 is a legally wedded wife of Jagroop Singh (respondent No. 9). Marriage between both of them was performed on 9/11/2021, however, no child was born out of the said wedlock. It is also pleaded in the petition that marriage of petitioner No. 2 was performed with respondent No. 9 against her wishes as she was having love affair with petitioner No. 1 from last three years. According to petitioner No. 2, she was unhappy with her first marriage as she was already in love affair with petitioner No. 1, thus, now after leaving her husband (respondent No. 9), she has started living in a live-in relationship with her earlier friend, i.e. petitioner No. 1.

(3.) Conduct of petitioner No. 2 is surprising for the reason that marrying with respondent No. 9 is admitted by her, whereas already she was in love affair with petitioner No. 1 for the last three years. Even she has not cared to the provisions of law of the Hindu Marriage Act, 1955, where procedure for seeking divorce from the spouse is also provided. Thus, passing any such order directing to provide protection to the unacceptable relation to the society, and that too against the law prevailing in the country, would be in derogation to the provisions of the Hindu Marriage Act, 1955.