Rani Bibi And Another v. State Of Punjab And Others

CRWP-11002-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP-11002-2020 Date of Decision: 31.12.2020 Rani Bibi and another ....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present :

Mr. Amandeep Singh Manaise, Advocate,for the petitioners. Through Video Conferencing JASGURPREET SINGH PURI , J. (Oral) This petition has been filed under Article 226 of the Constitution of India with a prayer for grant of protection of life and liberty to the petitioners at the hands of the private respondent Nos.4 to 7. The learned counsel for the petitioner has submitted that both the petitioners are above the marriageable age and in support thereof, he has attached Aadhar Cards as Annexures P-1 and P-2, respectively. He has further submitted that both the petitioners are Muslims and they are governed by the Muslim Law. He has further submitted that petitioner No.2 is although earlier married but it is within the competence to perform a second marriage during the subsistence of the earlier marriage.

He has further submitted that vide Annexure P-3, both the petitioners have got married to each other, in accordance with law. Now, they are being threatened by the private respondents and therefore, have filed the present petition. He has further referred to the principles of Mahomedan Law by Sir Dinshaw Fardunji Mulla and has referred to Clause 198, which deals with the numbers of wives and states that a Muslim male can have as many as VIRENDRA SINGH ADHIKARI 2021.01.

CRWP-11002-2020 -2four wives but not more than that. He has further submitted that the second marriage is permissible under the Muslim Law. Notice of motion to respondent Nos.1 to 3 only. On asking of the Court, Mr. Harpreet Singh Multani, Assistant Advocate General, Punjab, who is present in the Court, accepts notice on behalf of respondent Nos.1 to 3 and submits that he has no objection in case the representation (Annexure P-4) filed by the petitioners is considered and decided, in accordance with law.

I have heard the learned counsel for the parties. This petition can be disposed of without calling for reply from the respondents. Respondent No.2-Senior Superintendent of Police, Pathankot, is directed to look into the representation (Annexure P-4) given by the petitioners and to take necessary requisite steps with regard to the threat perception to the petitioners and thereafter, to take further measures, if so required, in accordance with law.

However, it is made clear that the scope of the directions issued in this petition are confined only for the protection of life and liberty to the petitioners and does not, in any way, have any reflection on the validity of the marriage of the petitioners interse.

Consequently, the present petition is disposed of accordingly. (JASGURPREET SINGH PURI) 31.12.2020 JUDGE adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2021.01.01 20:36 I attest to the accuracy and integrity of this document