P&H HC directs that w.e.f. November 1,2021, affidavit mentioning DOB as well as marital status is necessary in cases of protection pleas filed by couples

Read Order: HARWINDER KAUR AND ANR v. STATE OF PUNJAB AND OTHERS

Tulip Kanth

Chandigarh , September 24, 2021: The Punjab and Haryana High Court has directed that w.e.f. November 1,2021, affidavit mentioning date of birth as well as marital status is necessary in cases of protection pleas filed by couples.

The High Court has directed the Registry that w.e.f. November 1,2021, all the cases in the category of criminal writ petition, filed under Articles 226/227 of the Constitution or under Section 482 Cr.P.C. seeking issuance of a writ of Mandamus directing the official respondents to protect the life & liberty of the petitioners at the hands of private respondents(parents or relatives of the petitioners), on the basis of so called marriage or on the basis of live-in-relationship (irrespective of their caste or religion), should be passed only when both the petitioners have filed their respective affidavit mentioning their date of birth as well as marital status, irrespective of the fact that they are claiming to be in a live-in-relationship.

The Bench of Justice Arvind Singh Sangwan observed that since a large number of petitions, praying for protection to the life and liberty are filed on the basis of a claim that the marriage performed by the petitioners is against the wishes of their parents or in cases where the parties claim to be in a live-in-relationship or in cases, where one of the petitioners is a minor and has not attained the marriageable age as per The Prohibition of Child Marriage Act, 2006, the lawyers intentionally file the affidavit only of the petitioner, who is legally competent to file the same, in order to avoid deposing the correct description of the marital status as well as the age of another petitioner.

 In the present case, the petitioners had approached this Court, by way of filing the petition under Articles 226/227 of the Constitution, seeking protection of their life and liberty on the premise that first petitioner had performed marriage with the second petitioner against the wishes of her parents and other family members and the petitioners were apprehending threat to their life and liberty at their instance.

The private respondents had submitted that the second petitioner had filed a false affidavit by concealing his marital status.

This petition was earlier dismissed on September  9,2021 and the Registry was directed to explain as to how this petition was passed without there being the affidavits of both the petitioners.

In pursuance thereof, the Registry had put the present note in Urgent List along with the relevant High Court Rules & Orders and it was submitted that since the affidavit of one of the petitioners was annexed, the present case was passed.

A reference was also made to Criminal Procedure Code that no provision regarding filing of affidavit has been provided and also to Chapter 1, Part E of the High Court Rules & Orders Vol. V, under the head ‘the Making and Filing of Affidavits in the High Court.

Passing the aforementioned directions, the Bench thus held that the matter be put before the Registrar General of this Court for issuance of necessary directions and action.