A single-judge bench of the Allahabad high court has observed that married persons cannot be legally permitted to enter a live-in relationship without divorcing their spouse first.
Justice Vivek Kumar Singh, in a March 20 order, made public on Saturday, disposed of the petition filed by Anju and male partner who had sought a writ of mandamus directing the respondents not to interfere in their “peaceful life” and also for a direction to provide protection.
The court said it cannot issue any writ or direction for protection to the petitioners who are in a live-in relationship, without obtaining a decree of divorce from a competent court.
However, the court said that if the petitioners are disturbed or subjected to any act of violence, they may approach the SSP concerned by submitting a detailed application. The concerned authority will verify its content and do the needful in accordance with the law to secure the life of the petitioners, the bench said.
The counsel for the petitioners argued, “Both the petitioners are living together as husband and wife, and they have apprehension of life threat.”
However, the standing counsel argued that both the petitioners were married separately, and their living together was “illegal” since they did not obtain a divorce from their respective spouses.
The court said, “In such a situation, protection to the petitioners who claim to be in a live-in relationship cannot be granted in exercise of powers conferred under Article 226 of the Constitution.”
“If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into live-in relationship with a third person without seeking divorce from the earlier spouse…,” the court said.
“No one has the right to interfere in the personal liberty of the two adults, not even the parents of two adults can interfere in their relationship, but the Right to Freedom or Right to Personal Liberty is not an absolute or unfettered right, it is qualified by some restrictions also,” it added.
A division bench of the Allahabad high court, by an order dated March 25, had said that a married man in a live-in relationship with a consenting adult woman is not in breach of any law.
The division bench had said, “Morality and law have to be kept apart. If there is no offence under the law made out, social opinions and morality will not guide the action of the court for protecting the rights of citizens.”
The division bench had also granted protection from arrest to both petitioners in that case.
The present petition was placed before a single judge bench as it was a civil nature case as no FIR was registered against the couple.
While the matter before the division bench was a criminal case as an FIR was lodged against the man alleging that he had kidnapped the woman..
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