August 7, 2021 8:55:16 am
Dismissing protection plea of a married woman staying in a live-in relationship with her partner, the Allahabad High Court observed that live-in-relationship cannot be at the cost of social fabric of this country.
Calling her live-in relationship with her partner illicit, a division bench of Justices Dr Kaushal Jayendra Thaker and Subhash Chandra observed, “Directing the police to grant protection to them may indirectly give our assent to such illicit relations.”
The court in its recently passed order stated, “We make it clear that this Bench is not against live-in-relationship, but is against illegal relations.” The court dismissed the plea with exemplary cost of Rs 5,000.
The married woman had filed petition seeking direction for her security as she was living with a live-in partner. The woman stated she is not married to petitioner No. 2 (partner), but is having a relationship with him because of apathetic and torturing behaviour of respondent No. 4 (husband).
The woman states since she was living with him, respondent No. 4 (husband) is trying to endanger their peaceful lives and they need protection. The petitioners sought direction that they may not be harassed in any way by the local police or by the respondent No. 4 (husband) or his associates in any manner whatsoever.
Holding that we are not against granting protection to people who want to live together irrespective of the fact as to which community, caste or sex they belong to, court observed, “But none 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 to first move for getting separated from her spouse as per law applicable to the community if Hindu Law does not apply to her,” the court stated.
“We do not permit the parties to such illegality as tomorrow petitioners may convey that we have sanctified their illicit relations,” the court further observed.
The court states that if petitioner’s husband barged into her house it a realm of criminal dispute and she can move to the criminal machinery available in the country.
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