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2023 DIGILAW 2733 (PNJ)

Balwinder Kaur v. State of Punjab

2023-09-12

ALOK JAIN

body2023
Judgment Mr. Alok Jain, J. The present petition which is at the behest of the petitioners is, in fact, the second petition filed by the petitioners on the same cause of action after the first one i.e. CRWP-5465-2023 was dismissed as withdrawn on 02.08.2023 (Annexure P-4). 2. It is submitted that subsequent to the withdrawal of the earlier petition, the petitioners again approached the Police authorities vide representation dated 23.08.2023 (Annexure P-3) expressing threat to their life and liberty. 3. Heard the learned counsel for the petitioners. 4. It is an interesting case where petitioner No.1 got married to respondent No.4-Raj Singh and out of the said wedlock, they have been blessed with one child also. The present petition does not disclose as to when petitioner No.1 got married to respondent No.4 and the age of the child born out of the said wedlock is also not coming forth. The present petition is misleading and conceals the material facts, which admittedly is done to cover up the promiscuous relationship which petitioner No.1 has with petitioner No.2. Vague allegations of threat have been levelled having no substance in the same. There is not even a single complaint filed by petitioner No.1 against her husband-respondent No.4 during all those years of marriage and admittedly it is when the petitioners got caught in their illicit relationship, the present petition has been filed by leveling allegations against respondent No.4-husband and his family members. 5. Admittedly, the petitioners are living together for more than last 04 months but petitioner No.1 did not bother to file a single petition for either seeking divorce from her husband or taking any action against respondent No.4-husband for allegedly beating her and she admittedly wanted to continue with both the relationships, which is unknown to the cannons of social fabric, at least in this country. 6. Merely the sweet will of the petitioners and the right to life and liberty granted to them under the Constitution of India cannot be a right in isolation and with every right, there comes a duty which is also to be adhered to. 7. In light of the above and finding on merit, the present petition is dismissed.