Akanksha Singh-
The Punjab and Haryana High Court recently passed an order for police protection (subject to an assessment of threat perception) that could be ‘misled in marriage’ as her husband’s first spouse claimed he had given her triple talaq, later married again, which is illegal in eyes of law. (Rijwana and another v. State of Haryana and others)
The bench of Justice Arun Monga was hearing the petitioners security plea demanding protection of their lives by invoking A.21 of the Indian Constitution.
They claim to be married in accordance with Muslim rights and customs, whereas Petitioner No. 2 (the man) claims to be lawfully remarried after divorcing his first wife i.e. Respondent No. 6.
Further, the lady submitted that the man claimed to have divorced her thrice and pronounced “Talaq Talaq Talaq” thrice, despite the fact that triple talaq was not recognized in law and even Muslim by rights, it was not a valid divorce.
It was further stated by her that, in fact, the petition was filed with a slanted motive to create defense in the re-registered criminal proceedings Under Section 9/10/11 of the Prohibition of Child Marriage Act, 2006 and Section 420/467/468/120-B IPC and Sections 4 and 6 of the Protection of Children from Sexual Offenses Act, 2012.
Order
After hearing the opposing arguments of the counsel, the court observed that no ground is made out to interfere with the present proceedings. The Court said that the private parties are free to seek other reasonable remedies which may be available to them under the law.
However, in the interest of justice, only to protect the life and liberty of the petitioner No. 1 (second wife), the court directed the Superintendent of Police, Palwal to look into her threat perception, observing that she may have been misled into the marriage with petitioner No. 1 misled.