Married woman cannot enter a live-in relationship without first divorcing her husband: Allahabad HC

The Allahabad High Court recently denied a protection request made by a woman who was in a live-in relationship, despite being married to another man at the age of 13 by her father. The court pointed out that the woman, even after reaching adulthood, had not sought to end her marriage or divorce through the proper legal channels. Instead, she chose to enter a live-in relationship. The court highlighted that according to Hindu Law, engaging in an illicit live-in relationship while one’s spouse is still alive is against legal norms.

Justice Renu Agarwal, presiding over the case, emphasized that endorsing such relationships could disrupt societal norms. The judge stated that the court cannot support this type of relationship. If the court indulges in such cases and provides protection to illegal relationships, it will lead to societal chaos. The court further expressed its concern, noting that providing protection to the couple could be interpreted as legitimizing their unlawful relationship.

The court stated that it is not appropriate for the court to allow parties to engage in such illegality, as the petitioners may claim in the future that this court has sanctified their illicit relations. The court clarified that though it does not oppose live-in relationships in general, it strongly condemns illegal relationships.

The court emphasized that living in a live-in relationship should not come at the expense of the country’s social fabric. Directing the police to provide them protection may indirectly imply our approval of such illicit relations. As a result, the court dismissed the protection plea submitted by the live-in couple.

The couple had filed a protection plea under Article 226 of the Constitution, asking the court to instruct the police authorities to ensure their safety. They also requested an order to prevent their family members from interfering in their peaceful live-in relationship. During the proceedings, the couple informed the court that the male partner had lodged a First Information Report (FIR) against the woman’s parents for marrying her off as a child. They argued that since the woman’s marriage was not valid, she had willingly chosen to be in the live-in relationship.The court emphasized that living in a live-in relationship should not come at the expense of the country’s social fabric.

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