Allahabad High Court Denies Protection to Live-in Couple in Bigamy Case

Court rules that protection cannot be granted without divorce from a previous marriage, reinforcing the legal boundaries of live-in relationships

In a significant ruling, the Allahabad High Court has denied the petition for protection filed by a couple seeking to live together in a live-in relationship. The court underscored the legal implications of entering into a live-in relationship without obtaining a decree of divorce from a previous marriage. 

The case, Sheelu v. State of U.P., was adjudicated by Justice Vivek Kumar Singh, who emphasized that a writ of mandamus cannot be issued to protect actions contrary to statutory provisions, including penal laws. The petitioners, Sheelu and another individual, approached the court seeking protection from interference in their personal lives. They claimed to be living together as husband and wife, despite Sheelu being previously married to one Dinesh Kumar and not having obtained a divorce.

The court highlighted the established legal position that any marriage or live-in relationship during the subsistence of a previous marriage constitutes bigamy, an offense under Sections 494 and 495 of the Indian Penal Code, as read with Section 17 of the Hindu Marriage Act, 1955. Justice Singh stated that the protection sought by the petitioners might inadvertently support the commission of these offenses, which is impermissible under the law.

In denying the petition, the court drew upon precedents from previous judgments, including Asha Devi v. State of U.P. and others, Bhagwati Pathwar v. State of U.P., and Smt. Sonam v. State of U.P., which similarly highlighted the legal boundaries of live-in relationships and the importance of obtaining a legal divorce before entering into such arrangements.

The court reiterated that personal liberty and freedom must be balanced against the statutory rights of others, particularly the rights of existing spouses. It further clarified that until a decree of divorce is obtained, any new marriage or live-in relationship could result in criminal liability for bigamy.

By dismissing the writ petition, the court reinforced the principle that legal rights must be clear and enforceable for a mandamus to be issued. This judgment underscores the necessity for individuals in similar situations to pursue legal divorces before seeking recognition or protection for new relationships.

Bottom Line:

A person cannot claim protection for a live-in relationship without obtaining a decree of divorce from a competent court if already married, as it infringes the statutory rights of the existing spouse.

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

Sheelu v. State of U.P., (Allahabad) : Law Finder Doc Id # 2823455