Affidavit on marital status must to file protection plea: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, September 21

In a significant judgment that will change the way protection pleas are filed, the Punjab and Haryana High Court made it mandatory for a petitioner couple to file affidavits mentioning their date of birth and marital status.

Justice Arvind Singh Sangwan passed the order after observing that a large number of petitions praying for protection to life and liberty were filed in the High Court on the basis of a claim that the marriage performed by the petitioners was against the wishes of their parents. In some cases, one of the petitioners was a minor and had not attained the marriageable age in accordance with the Prohibition of Child Marriage Act. Else, the parties claimed they were in a live-in relationship.

Justice Sangwan added the lawyers in such cases intentionally submitted the affidavit only of the petitioner legally competent to file the same. This was in order to avoid deposing the correct description of the marital status as well as the age of the other petitioner.

Referring to the facts of the case in hand, Justice Sangwan asserted the petitioner-man was already married. By not filing an affidavit, he had managed to conceal his marital status. Justice Sangwan observed the High Court Registry, was directed to explain how the petition was passed without affidavits of both the petitioners. The Registry pointed out the relevant order before submitting the present case was passed since the affidavit of one of the petitioners was annexed.

Justice Sangwan added it would be appropriate to issue a direction to the Registry in the matter. All cases in the category of criminal writ petition filed under Articles 226/227 of the Constitution or under Section 482 of the CrPC were required to be passed only when both the petitioners had filed their respective affidavits. The cases would include protection petitions filed on the basis of “so called marriage or live-in-relationship irrespective of their caste or religion”.

Before parting with the case, Justice Sangwan directed placing of the matter before the High Court Registrar-General for issuance of necessary directions and action.

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