'Supporting Such Relations Will Create Chaos In Society': Allahabad HC Junks Protection Plea Of Live-In Couple Involving Married Adults

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 type of relationship gets the support of the Court, it will create chaos in society and destroy our country's social fabric.

"The Court cannot support such type of relationship which are in contravention of law. As per the Hindu Marriage Act, if spouse of a person is alive or before obtaining decree of divorce, a person cannot get married with another person," a bench of Justice Renu Agarwal observed as it dismissed the protection plea.

The Court was hearing a writ plea filed by the petitioners, seeking direction to protect their life and liberty. It was informed to the bench that petitioner No. 1 (woman) was the legally wedded wife of one Pushpendra Kumar and petitioner no. 2 (man) was the legally wedded husband of one Anita Kumari.

Upon discovering that petitioner No. 1 has not acquired a divorce decree from the appropriate court from her Husband, the Court noted that she remains legally married to Pushpendra.

Furthermore, regarding the marital status of petitioner No. 2, the Court observed that although he did not disclose any details about his previous marriage in the writ petition, the Aadhaar card of one Anita Kumari showed the name of petitioner No. 2 as her husband.

Against this backdrop, noting that both the petitioners are currently married to other individuals and have not obtained divorces from their respective spouses at this juncture, the Court refused to allow their protection plea.

The Court added that if such type of relationship gets the support of the Court, it will create chaos in society and destroy our country's social fabric. In view of this, the Court dismissed the petition with costs of Rs. 2000/- to be deposited with the Allahabad High Court Mediation and Conciliation Centre, Allahabad within 15 days.

In related news, 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.

Case title - Pooja Kumari And Another vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 156

Case citation: 2024 LiveLaw (AB) 156

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