Court No. - 10
Case :- WRIT - C No. - 41543 of 2019 Petitioner :- Mrs. Noor Jahan And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohd Imran Khan Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard learned counsel for the parties and perused the record.
(2) Learned Standing Counsel, on the basis of the instructions produced before this Court, has stated that the petitioner no.1-Mrs. Noor Jahan was earlier married to one Sirajuddin in 2009 but she says that she was divorced by her husband on 25.07.2018. No proof of said divorce has been filed alongwith the petition.
(3) Station House Officer, Police Station Phalauda, District Meerut, has stated in the instructions that the husband Sirajuddin has filed a F.I.R. against his wife Noor Jahan on 05.12.2019 with regard to her missing which is registered in the G.D. at sl.no.43.
(4) It has been submitted by the learned Standing Counsel that the husband of the petitioner no.1 has reported that she has three children with her first husband.
(5) Be that as it may, if the petitioner wants to live in adultery, she may do so and it is only for the husband to charge the petitioner no.2 with the said offence as is made out under the IPC. It is the petitioners' case that they have performed marriage and are living under threat by their family members. They may approach the Station House Officer, Police Station Phalauda, District Meerut, who may extend the necessary help and protection to the petitioners in terms of the Governement Order dated 31.08.2019.
(6) Writ petition stands disposed of.
Order Date :- 19.12.2019 PAL