Declare status of minor children from first marriage in protection pleas: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, January 18

The Punjab and Haryana High Court has made it mandatory for couples performing second marriage or in live-in relationships, despite subsisting marriages, to declare the status of the minor children from the first marriage in their protection pleas.

The direction on the administrative side came about two months after Justice Arvind Singh Sangwan directed the Registrar-General to come out with the commandments. Justice Sangwan had also ruled that the couple would be required to give details of moveable and immoveable properties and their income.

They would also explain the manner in which they would take care of minor children in their upbringing and education. Justice Sangwan had also set February 1 as the deadline for compliance with the conditions before clearing such or similar protection petitions for hearing.

A notice issued by the High Court today said: “This is for the information of all advocates/litigants that in all the protection petitions, where party alleges that they are in a live-in relationship despite subsisting marriage or where it is alleged that the petitioners have performed second marriage, a declaration be made regarding the status of the minor children from the first marriage and by giving details of moveable and immoveable property as well as income of the petitioners be made, explaining the manner, in which the petitioner(s) will take care of the minor children for their upbringing, education etc. otherwise objection will be raised with effect from February 1.”

Justice Sangwan in his order had asserted the courts were not to act as post officer and simply forward protection pleas to the police for gauging threat perception and doing the needful without commenting on marriage’s validity.

The court were, to the contrary, required to apply judicial mind to protect the rights of legally wedded first wife and minor children in case of the husband’s second marriage during the subsistence of the first.

Justice had also exercised suo motu power to rescue a mother of five, whose husband performed second marriage. Justice Sangwan had further directed Nuh Deputy Commissioner/ Superintendent of Police to attach her husband’s land. Directions were also issued to Nuh Tehsildar to ensure the payment of the one-fourth of the land’s sale proceeds to the wife for taking care of her minor children “so that they may stay in the mainstream and may not become hardcore criminals to earn their livelihood or to survive by illegal means”.

Justice Sangwan was hearing protection petition by the woman’s husband and his second wife after both performed second marriage. An advocate stated on behalf the petitioner-husband’s first legally wedded wife that five children were born out of the wedlock. But the husband refused to maintain her and the children aged between 1½ and 11 years.

The case

Justice Arvind Singh Sangwan was hearing protection petition by the woman’s husband and his second wife after both performed second marriage. The advocate stated on behalf the petitioner-husband’s first legally wedded wife that five children were born out of the wedlock. But the husband refused to maintain her and the children, aged between one and a half and 11 years