HC: Married persons can't be in live-in without getting divorce
PRAYAGRAJ, March 30 -- 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 Allahabad high court also 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 senior superintendent of police 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 high 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.
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.
On March 25, 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.
However, 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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