Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost

The Punjab and Haryana High Court recently expressed reservations over a married man living with a divorced woman, stating that the brunt of their "illicit relationship" had befallen on the man's wife and children.

It dismissed the couple's protection plea against the man's wife stating that it's a mere "cover up" and directed them to pay cost of Rs. 25,000 to the wife.

The couple alleged that the man's wife visited their residence, abused the woman and "created a scene" by levelling false and frivolous allegations.

Perusing the allegations, Justice Alok Jain said, "...(allegations) does not demonstrates any threat perception to the life and liberty of the petitioners and this petition has been filed only to cover up the illicit and promiscuous relationship."

Recently, the Court had imposed a fine of Rs. 2,500 on two married individuals who had entered into a live-in relationship and sought police protection. "One's choice to live outside wedlock does not mean that married persons are free to live in live-in-relationship with others during subsistence of marriage," Court had remarked.

Interestingly, the Delhi High Court has held that live-in relationship between consenting married individuals may be construed as "socially undesirable" but they are not criminal and courts cannot impose their perception of morality on such individuals.

Appearance: Chanpreet Singh Advocate for the petitioners.

Citation: 2023 LiveLaw (PH) 186

Case Title: X v. State of Punjab and Ors.

Click here to read/download the order