The Punjab & Haryana High Court has said that living together with another woman, without dissolving the marriage from earlier spouse may amount to offence of bigamy under Sections 494, 495 of the IPC.
These observation came in response to a writ petition filed by a live-in couple seeking police protection from the alleged threat by the relatives of the wife of the man. It was submitted that they were in a ‘live-in relationship’ since September and their relationship has been accepted by man’s family, however it caused grievance to the relatives of the woman.
The plea stated that they are getting death threat from woman’s family members and hence they are in need of police protection.
While examining the plea the Court noted that the man is already married and having a girl child with his wife.
It was further noted, “Moreover, though the factum qua institution of a divorce case inter se petitioner No.2 and his wife, before the learned Family Court, Patiala, has been recorded in the petition, however, the ultimate fate of that divorce case remains undisclosed in the petition, which impels this Court to draw an inference that the said divorce case is yet subjudice.”
“Neither any supportive material has been placed on record by the petitioners to corroborate their allegations, nor even any single instance pertaining to the manner and mode of alleged threats being extended to the petitioners has been anywhere disclosed, ” court added.
The Court further added that therefore, such bald and vague allegations cannot be readily and naively accepted by the Court, in the absence of any valid and convincing material in support thereof.
Justice Tiwari highlighted that, “it appears that in order to avoid any criminal prosecution in case of adultery, the present petition has been instituted. To the judicial mind of this Court, under the guise of invocation of the writ jurisdiction of this Court, the hidden intent of the petitioners is just to obliquely obtain the seal of this Court on their conduct.”
In the light of the above the petition was dismissed.
Title: Reena Devi & And. v. State of Punjab & Ors
