Protect rights of 1st wife: Punjab and Haryana High Court to courts

Saurabh Malik

Tribune News Service

Chandigarh, November 17

The Punjab and Haryana High Court has made it clear that courts were not to act as post office and simply forward protection pleas to the police for gauging threat perception and doing the needful without commenting on the issue of the marriage’s validity.

The courts were, on 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 Arvind Singh Sangwan also exercised suo motu power to rescue a mother of five, whose husband performed second marriage. Justice Sangwan directed Nuh Deputy Commissioner / Superintendent of Police to attach her husband’s land. Directions were also issued to Nuh Tehsildar to ensure payment of 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. During the course of hearing, 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 one-and-a-half years and 11 years.

Justice Sangwan asserted two views existed on deciding protection petition filed on the basis of live-in relationship, inter-caste marriage or matters where parties sought protection after second marriage during the subsistence of first. In a number of cases, the High Court disposed of protection petitions with the aid of Article 21 by directing examination of threat perception without commenting upon the validity.

In some other cases, the court looked into reciprocal right of the aggrieved persons as well as duties of the persons seeking protection.

Justice Sangwan made it mandatory for couples performing second marriage or in live-in relationships despite subsisting marriages to declare the status of minor children from the first marriage.

Justice Sangwan ruled the couple would be required to give details of movable and immovable properties and their income and also explain the manner in which they would take care of minor children in their upbringing and education. Justice Sangwan also set February 1 as the deadline for compliance with the conditions before clearing such or similar protection petitions for hearing. Directions to this effect were given to the High Court Registrar-General.

Declare status of children

Justice Arvind Singh Sangwan of the Punjab and Haryana High Court made it mandatory for couples performing second marriage or in live-in relationships despite subsisting marriages to declare the status of minor children from the first marriage.

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