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Protection Petitions: P&H High Court Makes Declaration Regarding Status Of Minor Children From First Marriage Mandatory

Sparsh Upadhyay
19 Jan 2022 2:15 PM GMT
Protection Petitions: P&H High Court Makes Declaration Regarding Status Of Minor Children From First Marriage Mandatory
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The Punjab and Haryana High Court has made it mandatory for parties moving the High Court with their protection pleas in case of Live-in relationships or second marriage, despite subsisting marriages, to declare the status of the minor children from their first marriage, if any.A notice has been issued in this regard on Tuesday by the HC administration which states thus:"This is for...

The Punjab and Haryana High Court has made it mandatory for parties moving the High Court with their protection pleas in case of Live-in relationships or second marriage, despite subsisting marriages, to declare the status of the minor children from their first marriage, if any.

A notice has been issued in this regard on Tuesday by the HC administration which states thus:

"This is for the information of all the advocates/litigants that in all the protection petitions, where party alleges that they are in live-in relationship despite subsisting marriage or where it is alleged that the petitioners have performed second marriage, a declaration be made regarding status of minor children from the first marriage and by giving details of the moveable and immoveable property as well as income of the petitioners be made, explaining the manner, in which the petitioner(s) will take care of minor children for their upbringing, education etc., otherwise objection will be raised w.e.f. 01.02.2022."

This order has been issued on the administrative side as per the direction/order of the High Court in November 2021, wherein it had made the filing of the declaration (by petitioners filing protection pleas) regarding the status of minor children from the first marriage, if any, details of the moveable, and immoveable property as well as income, as mandatory.

Essentially, this declaration had been made mandatory for all protection pleas where the party alleges that they are in a live-in relationship despite subsisting marriage or where it is alleged that the petitioners have performed the second marriage.

The order by the Bench of Justice Arvind Singh Sangwan had come in a protection plea filed by one Saddam, aged about 33 years, and Tahira, aged about 25 years, claiming to have married each other. It was also submitted that it is the second marriage of both the petitioners.

In the Court's order, the Registrar General was directed to ensure thus:

"In all the protection petitions, where a party alleges that they are in a live-in relationship despite subsisting marriage or where it is alleged that the petitioners have performed the second marriage, a declaration be made regarding the status of minor children from the first marriage and by giving details of the moveable and immoveable property, as well as income of the petitioners, be made, explaining the manner, in which the petitioner(s) will take care of minor children for their upbringing, education, etc."

It was directed that w.e.f. 01.02.2022, before passing all such or similar protection petitions, the aforesaid conditions be complied with, the Court concluded by disposing of the plea. The compliance report has been called by the Court within a period of three months.


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