Husband Files FIR Against Live-In Partner Of His Wife: Allahabad High Court Stays Arrest Of Man, Family Members

The Allahabad High Court on Monday stayed the arrest of a man (and his family members) who is living with a married woman in connection with an FIR registered against him by the husband of the woman.

The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar also issued a notice to the husband of the woman seeking his reply in the matter.

Essentially, one Mohit Agarwal (31 years old) is presently in a live-in relationship with a married woman (36-year-old). Last year in October 2021, the woman had left her matrimonial home due to the harassment being faced by her at the hand of the husband (who filed the FIR in question) and had started living with Mohit Agarwal (the petitioner no. 1).

Thereafter, the husband started interfering in the day-to-day life of his wife who was living with her live-in partner (Mohit Agarwal/Petitioner no. 1 herein) and so both of them moved to the High Court last year and they were given protection by the Allahabad High Court vide its order dated December 6, 2021.

While granting them protection, the Court had also remarked thus:

"Live-in-relationships have become part and parcel of life and stand approved by the Hon'ble Apex Court. The live-in relationship is required to be viewed from the lens of personal autonomy arising out of the right to live guaranteed under Article 21 of the Constitution of India, rather than, notions of social morality. The right to life enshrined under Article 21 of the Constitution of India is liable to be protected at all costs."

Thereafter, the Husband filed an FIR in January 2022 under Sections 323, 504, 506 IPC and 3(1)(da) & 3(1)(dha) of the SC/ST Act against Mohit Agarwal (the live-in partner of the woman), his father, his brother and his mother.

Now, seeking protection against arrest, they moved the High Court by way of filing the instant writ petition and sought the quashing of the FIR. Before the Court, they contended that despite being given protection by the High Court, the subsequent lodgement of F.I.R. by the husband is violating the constitutional protection available to the petitioners as also the order passed by this Court.

In this backdrop, the court issued a notice to the Husband as well as the State of UP and they have been asked to file a counter affidavit within three weeks and further, ordered thus:

"Till the next date of listing petitioners shall not be arrested pursuant to impugned First Information Report registered as Case Crime No.16 of 2022, under Sections 323, 504, 506 IPC and 3(1)(da) & 3(1)(dha) of SC/ST Act, Police Station Gajraula, District Amroha, provided petitioners cooperate in the investigation."

Advocate Vindeshwari Prasad appeared for the petitioner.

Case title - Mohit Agrawal And 3 Others v. State Of U.P. And 4 Others

Click Here To Read/Download Order