Married Person Living with Spouse of Someone Else is Immoral Act; Police Protection Refused

Recently, the Rajasthan High Court Jaipur Bench remarked that a married person living somebody else’s wife or husband was an immoral act and the Court cannot grant its seal of approval by providing them police protection. The Bench proceeded to dismiss the plea along with a cost of 10,000.

Background 

In the instant case, Petitioner No.1 Mrs Vakeela had presented herself as the wife of petitioner No.2 Mr Umar deen Khan before the Court, but she was married to respondent no.5 Mr Talim.’

Even petitioner no.2 was also married to someone else.

The petitioner No.1 and 2 had alleged that they were married but a perusal of documents, the Court held that the documents did not reflect that they were married.

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The reasoning of the Court

The Court observed that Nikahnama was executed on Rs 500 stamp paper without any Mutwali and neither had any Maulvi read a Nutfah.

It was further observed that a Muslim woman could not remarry unless she was divorced.

Order of the Court

Hon’ble Court refused to grant them police protection and dismissed the petition with a cost of Rs 10,000 and warned the couple that if the cost were not deposited within 30 days, the authorities would recover the cost from them.

Case Details:

Title: Vakeela & Another vs State of Rajasthan & Ors

Case No: S.B Crl. Misc(Petition) No. 4271 of 2020

Date of Order:06.11.2020

Coram: Hon’ble Justice Sanjeev Prakash Sharma

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