Express News Service
LUCKNOW: Dismissing a writ petition filed by a married woman and her partner, the Allahabad High Court observed that live-in relationships could not be declared valid at the cost of the social fabric of the country. The couple had sought police protection on the grounds that the petitioner’s husband was a danger to her life and also to her partner.
The bench of Justice Renu Agarwal, however, elaborated that the court was not against live-in relationships but against illicit relations. “…this court does not deem it proper to permit the parties to such illegality as tomorrow petitioners may convey that we have sanctified their illicit relations. Live-in relationships cannot be at the cost of the social fabric of this country. Directing the police to grant protection to them may indirectly give our assent to such illicit relations,” added Justice Agarwal.
The counsel for the petitioners submitted before the court that the first petitioner was a woman aged about 37 years. It was also claimed that the petitioner was not married to the other petitioner but was voluntarily in a relationship with him since January 6, 2015 because of the apathetic attitude and torturous behaviour of her husband.
“As she is living voluntarily with him, her husband is trying to endanger their peaceful lives. Hence, they may be protected,” the counsel of the petitioner submitted. The state counsel, however, said this type of relationship could not be supported by the court.
While declining to accept their pleas, the court relied on a judgment given by a coordinate bench of the same court in a case dating back to 2021 (Aneeta and another Vs State of UP and others), which held, “No law-abiding citizen, who is already married under the Hindu Marriage Act can seek protection of this court for illicit relationship, which is not within the purview of social fabric of this country. The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per law applicable to the community if Hindu Law does not apply to her.”
LUCKNOW: Dismissing a writ petition filed by a married woman and her partner, the Allahabad High Court observed that live-in relationships could not be declared valid at the cost of the social fabric of the country. The couple had sought police protection on the grounds that the petitioner’s husband was a danger to her life and also to her partner.
The bench of Justice Renu Agarwal, however, elaborated that the court was not against live-in relationships but against illicit relations. “…this court does not deem it proper to permit the parties to such illegality as tomorrow petitioners may convey that we have sanctified their illicit relations. Live-in relationships cannot be at the cost of the social fabric of this country. Directing the police to grant protection to them may indirectly give our assent to such illicit relations,” added Justice Agarwal.
The counsel for the petitioners submitted before the court that the first petitioner was a woman aged about 37 years. It was also claimed that the petitioner was not married to the other petitioner but was voluntarily in a relationship with him since January 6, 2015 because of the apathetic attitude and torturous behaviour of her husband.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“As she is living voluntarily with him, her husband is trying to endanger their peaceful lives. Hence, they may be protected,” the counsel of the petitioner submitted. The state counsel, however, said this type of relationship could not be supported by the court.
While declining to accept their pleas, the court relied on a judgment given by a coordinate bench of the same court in a case dating back to 2021 (Aneeta and another Vs State of UP and others), which held, “No law-abiding citizen, who is already married under the Hindu Marriage Act can seek protection of this court for illicit relationship, which is not within the purview of social fabric of this country. The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per law applicable to the community if Hindu Law does not apply to her.”
