A Person Can't Be In An Illicit & Live-In Relationship As Per Hindu Law If His/Her Spouse Is Alive: Allahabad High Court

The Allahabad High Court has recently held that as per the Hindu Law, a person having a spouse alive cannot live in an illicit and live-in relationship in contravention of the provisions of the law. 

A bench of Justice Renu Agarwal observed thus while dismissing a protection plea filed by a live-in relationship couple cohabiting with each other without divorcing their spouses.

"The court could not protect such type of relationship which is not supported by law. If the court indulges in such type of cases and grants protection to illegal relationship, then it will create chaos in the society, hence such type of relationship cannot be supported by the Court," the court observed as it emphasised that such relationship cannot be supported by the orders of the Court.

The Court was essentially dealing with a writ plea filed by one Raksha (petitioner no. 1) and her live-in partner (petitioner no. 2) seeking a direction to the police authorities to provide them police protection against respondent no.4 (alleged husband of petitioner no. 1) and his family members.

It was the case of the petitioners that the parents of petitioner no.1/woman had solemnized her marriage with respondent no.4 when she was 13 years old and a minor. It was argued that the alleged marriage of petitioner no.1 was invalid and now, she was voluntarily living in a live-in-relationship with petitioner no.2 with her own sweet will.

Challenging their protection plea, the Standing Counsel (appearing for the state) submitted that since petitioner no.1 is already married and without obtaining a divorce she is in a relationship with petitioner no.2 and hence, such type of relationship cannot be supported by the Court.

The Standing Counsel also relied upon a decision of the Co-ordinate Bench of the High Court in Suneeta And Another vs. State Of U P And 3 Others 2023 LiveLaw (AB) 204 wherein the Court had disapproved such acts in the following terms 

"But no law abiding citizen who is already married under the Hindu Marriage Act can seek the protection of this Court for an illicit relationship, which is not within the purview of the social fabric of this country. The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per law applicable to the community if Hindu Law does not apply to her"

Read more about the case here: 'No Live-In Relation At Cost Of Country's Social Fabric': Allahabad HC Denies Protection To Married Woman Living With Partner

Against this backdrop, the Court noted that as no application had been moved by petitioner no.1 for dissolution of marriage after attaining the age of majority and still she is legally wedded wife of respondent no.4, therefore, she could not remain in a relationship with someone else.

The Court added that it can't permit the parties to such illegality (being in a live-in relationship) as it noted that "tomorrow petitioners may convey that this Court sanctified their illicit relations".

Further, stressing that living in a relationship cannot be at the cost of the social fabric of this Country, the Court observed that directing the police to grant protection to them may indirectly give our assent to such illicit relations.

Consequently, the petition was dismissed. However, the single judge did clarify that it was not against live-in relationships but was against illegal relations.

In related news, the Allahabad High Court recently rejected a protection plea filed by a couple cohabiting with each other without divorcing their spouses, imposing a fine of 2K. The court emphasized that if such relationships gets the support of the Court, it will create chaos in society and destroy our country's social fabric.

Last month, the Allahabad High Court dismissed a protection plea filed by a married woman and her live-in partner while observing that such type of 'illegal relationship' need not be protected by the court.

Justice Renu Agarwal also imposed a cost of Rs. 2,000/- on the live-in couple (petitioners) as it observed that if it would indulge in “such type of cases” and grant protection to “illegal relationship”, then it will create 'chaos' in the society.

Appearances

Counsel for Petitioner: Subedar Mishra

Counsel for Respondent: CSC, Anurag Shukla

Case title - Raksha And Another vs. State Of Up And 4 Others 2024 LiveLaw (AB) 158 [WRIT - C No. - 1546 of 2024]

Case Citation: 2024 LiveLaw (AB) 158

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