Court Rules Protection Cannot Be Granted When Live-In Relationship Violates Existing Marital Status
In a significant judgment, the Allahabad High Court has denied a writ petition seeking protection for a couple living in a live-in relationship, where both individuals had not obtained a legal divorce from their previous marriages. The case, titled Smt. Anju v. State of U.P., was presided over by Justice Vivek Kumar Singh, who ruled that such relationships cannot be legally recognized and are not eligible for protection under Article 226 of the Indian Constitution.
The petitioners, Smt. Anju and another, had filed a writ of mandamus requesting the court to direct the state not to interfere with their peaceful living and to provide protection, citing threats from a third party. The couple claimed to be living as husband and wife, but the court found that they had not obtained divorces from their respective spouses.
The court emphasized that live-in relationships or relationships in the nature of marriage require both parties to be legally unmarried and of legal age. Justice Singh noted that freedom and personal liberty are not absolute rights and must be exercised without infringing on the statutory rights of others. A spouse has a legal right to the company of their partner, and entering into a new relationship without a decree of divorce violates this right.
The judgment referenced previous cases, including Asha Devi v. State of U.P., highlighting the illegality of bigamous relationships under Sections 494 and 495 of the Indian Penal Code and the Hindu Marriage Act, 1955. The court reiterated that a live-in relationship or marriage during an existing marriage is void and punishable.
Justice Singh clarified that a writ of mandamus requires a legal right, which the petitioners lacked due to their ongoing marriages. The court advised that any claims for protection that may lead to an offense under the IPC cannot be supported through a writ of mandamus.
The court concluded by suggesting that if the petitioners face any threats or violence, they should seek assistance from local law enforcement, who are expected to act in accordance with the law to ensure their safety.
Bottom Line:
Live-in relationships without obtaining a decree of divorce from a previous marriage are not legally recognized and cannot be granted protection under Article 226 of the Constitution of India.
Statutory provision(s): Article 226 of the Constitution of India, Sections 494 and 495 of the Indian Penal Code, Section 17 of the Hindu Marriage Act, 1955
Smt. Anju v. State of U.P., (Allahabad) : Law Finder Doc id # 2874246
