'Such Illegal Relations Need Not Be Protected': Allahabad HC Rejects Protection Plea Of Married Woman, Her Live-In Partner; Imposes ₹2K Cost

A bench of 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.

Essentially, the lady, Muslim by religion and her live-in partner, Hindu by religion, apprehending danger from respondent No.5 (husband of petitioner no. 1/lady), moved the HC with a protection plea on the grounds that they both are major and living together out of their own free will.

It was also stated that the woman left the house of her husband, who was a habitual drinker and regularly assaulted her, and she started to live with petitioner no.2 in live relationship along with her 5-year-old female child.

It was their further submission that they moved an application before the Superintendent of Police, Aligarh for protecting their life, but no protection was provided to them, hence they moved the instant protection petition.

On the other hand, the Standing Counsel, appearing for the state submitted that petitioner no.1 is already married to respondent no.5, she has not obtained any divorce decree from the competent court from respondent no.5 and started living with petitioner no.2 in adultery and since they have not complied with the provisions of sections 8 and 9 of UP UnlawFul Conversion Act, therefore, their relationship cannot be protected by law.

Stressing that the woman has not obtained a valid divorce from the court of competent jurisdiction, the Court observed that she would still be the legally wedded wife of respondent no.5 and she would be considered to be living in adultery with petitioner no.2.

“The court could not protect such type of relationship which is not supported by law. If the court indulge in such type of cases and grant protection to illegal relationship, then it will create chaos in society. The petitioner no.1 alongwith her 5 years old female child has left the house of her husband/respondent no.5 without any reasonable cause, hence such type of illegal relationship need not be protected by court,” the Court further observed.

Therefore, concluding that the petitioners were not entitled to get any type of protection, the Court dismissed their plea with a cost of Rs.2000/-

Case title - Pinki And Another vs. State Of Up And 4 Others 2024 LiveLaw (AB) 123 [WRIT - C No. - 1579 of 2024]

Case Citation: 2024 LiveLaw (AB) 123

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