"Live-In Relation Can't Be At Cost Of Country's Social Fabric": Allahabad HC Imposes 5K Cost On Married Woman Living With Partner

Calling her live-in relationship with her partner an illicit relationship, the Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Subhash Chand observed thus:

"Directing the police to grant protection to them may indirectly give our assent to such illicit relations"

The married woman had filed the instant protection plea stating that as she was living with her live-in partner, her husband (respondent number 4) was trying to endanger their peaceful lives and thus, she sought protection against him.

Further, she also submitted that she was not married to petitioner no.2/live in partner but was having a relationship with him because of apathetic and torturing behaviour of respondent no.4 (her husband).

To this, the Court said if her husband had barged into the house of petitioner no.2, it was in the realm of criminal dispute for which she can move to the criminal machinery available in the country.

The Court further observed thus:

"But none law-abiding citizen who is already married under the Hindu Marriage Act can seek the protection of this Court for 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 the law applicable to the community if Hindu Law does not apply to her."

Lastly, averring that the Court doesn't permit the parties to such illegality as tomorrow petitioners may convey that we have sanctified their illicit relations, the Court dismissed her plea.

However, the Court concluded by clarifying that the Bench was not against the live-in relationships but was against illegal relations.

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The Allahabad High Court had, in June this year, dismissed a plea with the same prayer. Noting that the Woman was already married and is in a live-in relationship with another man, the Allahabad High Court had dismissed the protection plea with 5k cost.

A Division Bench of Justice Kaushal Jayendra Thaker and Justice Dinesh Pathak had observed that:

"We fail to understand how such a petition be allowed permitting illegality in the society."

Soon thereafter, the Allahabad High Court had, in the matter of young couple who wanted to live in relation, said that it was not against the live in relationships, but rejected a protection plea by a couple who wanted to live in relation as the plea was filed during the subsistence of marriage of one of the petitioners.

In another matter, the Allahabad High Court in June 2021 dismissed a protection plea of a woman in a live-in relationship who alleged that she left her matrimonial house in view of the anti-social activities of his husband and is now living with one Mohit in a live-in relationship.

The Bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) was hearing the plea of a woman who sought protection from her husband.

Also, dealing with a plea of the Petitioners (Woman-Man) who sought the protection of life and liberty, the Rajasthan High Court had, after noting that Petitioner No. 2 (Man) was already married, ruled that:

"A live-in-relationship between a married and unmarried person is not permissible."

The Bench of Justice Pankaj Bhandari was hearing the plea of a Woman aged 29 and a Man aged 31, who sought the protection of life and liberty.

The Punjab & Haryana High Court in June 2021 directed SSP, Faridkot to look into the grievance of an already married woman and an unmarried man living together in a live-in relationship and seeking protection of life and liberty against private parties.

The Bench of Justice Vivek Puri disposed of their plea with a direction to the Senior Superintendent of Police, Faridkot to look into the grievance of the petitioners (married woman and unmarried man) as projected in their representation.

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