HC dismisses plea of married woman and live-in partner

PRAYAGRAJ: The Allahabad high court dismissed a protection plea of a married woman and her unmarried partner, who were in a live-in-relationship.

The court also imposed a cost (fine) of Rs 5,000 on them, observing, “We fail to understand how such a petition be allowed to permit illegality in the society.”

The court delivered this decision on June 15. The woman was a major and she was in a live-in relationship with the other petitioner, an adult man.

The petitioner sought direction in the nature of mandamus commanding the respondents (the woman’s husband and other family members) not to interfere and disturb their peaceful live-in-relation by adopting coercive measures.

The matter pertains to Aligarh district of Uttar Pradesh.

A division bench comprising justice KJ Thaker and justice Dinesh Pathak dismissed the writ petition filed by the woman and her live-in partner, observing that: “Can we grant protection to people who want to commit what can be said to be an act which is against the mandate of the Hindu Marriage Act. The Article 21 of the Constitution of India may permit a person to have own liberty but the liberty has to be within the ambit of law which applies to them.”

The court, while further noting that the woman is the legally wedded wife of one of the respondents in the case, remarked: “She has for whatever reasons decided to go away from her husband, can we permit them to live in relation under the guise of protection of life and liberty.”