Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that living together with another woman, without dissolving the marriage from earlier spouse may amount to offence of bigamy under Sections 494, 495 of the IPC.

Justice Kuldeep Tiwari said, "...without obtaining any valid decree of divorce from his earlier spouse and during subsistence of his earlier marriage, the petitioner No.2 is living a lustful and adulterous life with the petitioner No.1, which may constitute an offence punishable under Sections 494/495 of the IPC, as such a relationship does not fall within the phrase of 'live-in relationship' or 'relationship' in the nature of marriage."

These observation came in response to a writ petition filed by a live-in couple seeking police protection from the alleged threat by the relatives of the woman. It was submitted that they were living in 'live-in relationship' since September and their relationship has been accepted by man's family, however it caused grievance to the relatives of the woman.

The plea stated that they are getting death threat from woman's family members and hence they are in need of police protection.

While examining the plea the Court noted that the man is already married and having a girl child with his wife.

It was further noted that, "Moreover, though the factum qua institution of a divorce case inter se petitioner No.2 and his wife, before the learned Family Court, Patiala, has been recorded in the petition, however, the ultimate fate of that divorce case remains undisclosed in the petition, which impels this Court to draw an inference that the said divorce case is yet subjudice."

After considering the petition, the Court concluded that "only bald and vague allegations, qua threats being extended to the petitioners by the private respondents, are made therein."

Neither any supportive material has been placed on record by the petitioners to corroborate their allegations, nor even any single instance pertaining to the manner and mode of alleged threats being extended to the petitioners has been anywhere disclosed, it added.

The Court further added that therefore, such bald and vague allegations cannot be readily and naively accepted by the Court, in the absence of any valid and convincing material in support thereof.

 Justice Tiwari highlighted that, "it appears that in order to avoid any criminal prosecution in case of adultery, the present petition has been instituted. To the judicial mind of this Court, under the guise of invocation of the writ jurisdiction of this Court, the hidden intent of the petitioners is just to obliquely obtain the seal of this Court on their conduct."

In the light of the above the petition was dismissed.

Appearance: Virender Singh, Advocate for the petitioners.

Citation: 2023 LiveLaw (PH) 234

Title: Reena Devi & And. v. State of Punjab & Ors

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