पर-उपदेश कुशल बहुतेरे...
Hon’ble Apex Court, while deciding a case titled ‘Patangrao Kadam Vs. Prithviraj S Deshmukh’, has very precisely stated that, “When there is an ambiguity in terms of a provision, one must look at well-settled principles of construction but it is not open to first to create an ambiguity which does not exist and then try to resolve the same by taking recourse to some general principle”
But today, Hon'ble High Court in Lucknow had a somewhat uncomfortable situation and finally had to say, "This cannot be allowed in Indian society..."
Isn't this Hon'ble Supreme Court's contempt?
The Lucknow bench of Allahabad high court on Friday refused to issue direction to state authorities to permit a married woman from Bahraich to live with a man who is not her husband. The woman wanted a direction from the court that the police should not interfere in their life on the complaint of her husband, reported Times of India.
Reluctant to issue any such direction, a bench of Justice Ajai Lamba and Justice Dinesh Kumar Singh said: " We find no reason in equity to issue any direction, in the facts and circumstances of the case."
The wife Gayatriya alias Sangeeta had moved court along with one Heera Lal alias Jhurra against her husband Sitaram and state as well as police authorities seeking interference of the court that it should direct the local police not to interfere in their peaceful life in connection with a non-cognizance report (NCR) lodge by the husband with Kotwali Dehat police station in Bahraich on July 25, 2018.
Opposing the wife’s plea, additional government advocate submitted that the wife escaped with Heera Lal on July 20, 2018 along with her twoyear-old baby, leaving behind her another seven-year-old son with the husband.
She started living with another person as his wife without getting divorce from her husband.
“This cannot be allowed in Indian society and it is also an offence under Section 498 of IPC. The husband rightly reported the matter to the police which would act as per law,” the government counsel said. Accepting the plea, the court refused to give any relief to the woman.