June 18, 2021 2:23:36 am
The Allahabad High Court has refused to grant protection to a woman, who left her husband and was in a live-in relationship, saying that it goes against the provisions of the Hindu Marriage Act.
During a hearing on Tuesday, a Bench of Justices Kaushal Jayendra Thaker and Dinesh Pathak observed that it failed “to understand how such a petition could be allowed” as it permits “illegality in the society”. Dismissing the plea, the court also imposed a fine of Rs 5,000 on the petitioners. It ordered the cost to be deposited by the live-in couple with Uttar Pradesh State Legal Services Authority. The court’s observation came in response to a petition filed by the couple. The woman is still married.
Also taking note of the fact that both petitioners (the couple) were adults, the Bench observed, “Can we grant protection to the people who want to commit what can be said to be an act which is against the mandate of the Hindu Marriage Act?”
The court said while Article 21 of the Constitution permits a person to have liberty, the same has to be within the ambit of law.
The couple, from Aligarh district, had in their plea sought directions to the husband and other respondents to not “interfere and disturb the peaceful live-in-relationship of the petitioners by adopting coercive measures”. The woman stated that she is the legally wedded wife of her husband with whom she no longer lives.
The court observed that she “has for whatever reasons decided to go away from her husband”. “Can we permit them to be in a live-in-relationship under the guise of protection of life and liberty?” said the Bench. It said whether her husband had committed an act which could be deemed an offence under IPC section 377 (unnatural offences), which she never complained of, are “disputed questions of facts”. “There is no FIR… how such a petition could be allowed to permit illegality in the society,” the court said.
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