North India Statesman
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Allahabad High Court recently live-in relationship The court refused to allow the protection petition filed by a couple living in Mumbai, noting that both were already married to other persons and there was nothing on record to show divorce from their respective spouses.
A bench of Justice Renu Aggarwal said the court cannot support such relationships which violate the law and warned that supporting them would disrupt the social order.
“As per the Hindu Marriage Act, a person cannot marry another person if his spouse is alive or is alive before obtaining a divorce decree,” the court underlined.
It said that 'if such a relationship gets the support of the court, it will create anarchy in the society and destroy the social fabric of the country.'
The order was passed in a writ petition filed by the live-in couple under Article 226 of the Constitution, seeking protection of their life and liberty.
During the proceedings, the legally married wife of the male partner appeared through her lawyer, who produced her Aadhaar card, showing the man's name as her husband, confirming their marriage.
Additionally, an application submitted by the woman living in a live-in relationship to the Superintendent of Police of the concerned area was also placed before the court in which she had acknowledged her legal marriage to another man.
The bench also said from the affidavit accompanying the writ petition that the woman has two children from her legally married husband. However, there was no evidence of her obtaining a divorce decree from the appropriate court.
As a result, the HC held the couple's live-in arrangement illegal and dismissed their protection plea as baseless.
