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Allahabad HC's view on married man's live-in a U-turn from earlier stance: 'Not without divorce'
The Allahabad HC recently observed that a married man's consensual live-in relationship is not an offence, contradicting one of its earlier observations.
Allahabad high court's recent observation that a married man living in a consensual live-in relationship with an adult is not committing an offence is reportedly a contradiction of one of its own previous observations.
A married man's live-in relationship is not an offence, observed the Allahabad high court on March 25, saying that social morality cannot override court's duty to protect citizens' rights
A Division Bench of Justice JJ Munir and Justice Tarun Saxena was hearing a plea seeking protection of a live-in couple facing threats from the woman's family, according to a Bar and Bench report.
"There is no offence of the kind where a married man, staying with an adult in a live-in relationship, by consent of the other person, can be prosecuted for any offence, whatsoever. Morality and law have to be kept apart. If there is no offence under the law made out, social opinions and morality will not guide the action of the Court for protecting the rights of citizens," law portal Bar and Bench quoted the court as saying.
Allahabad HC's U-turn
The above-mentioned observation, that a married man's live-in relationship is not an offence, was reportedly a contradiction of its own statements made by a single judge on March 20 while denying protection to a live-in couple.
The court on March 20 had said that a married individual cannot legally be permitted to enter into a live-in relationship with a third person without first obtaining a divorce from his/her spouse, according to LiveLaw.
“If the petitioners are already married and have their spouse alive, heshe cannot be legally permitted to enter into live-in relationship with a third person without seeking divorce from the earlier spse. He/she first ha to obtain the decree of divorce from the court of competent jurisdiction before solemnizing marriage or entering into living in a relationship out of their legal marriage,” the Allahabad HC had observed, according to a screen grab of the observation shared by LiveLaw on X.
The high court in December last year had also made a similar observation, saying ruling that a married person cannot legally enter into a live-in relationship with a third party without first obtaining a decree of divorce.
In this case the petitioners had approached the court with a prayer that both petitioners are major and living together as husband and wife and they have apprehension of a life threat from the respondent, according to PTI news agency.
With this observation, the court dismissed a writ petition seeking protection filed by a couple in a live-in relationship.
Justice Vivek Kumar Singh observed that the freedom of personal liberty is not absolute and cannot infringe upon the statutory rights of an existing spouse.
A spouse has the statutory right to enjoy the company of his or her counterpart and he/she cannot be deprived of that right for the sake of personal liberty and no such protection can be granted to infringe statutory right of the other spouse, the court said, adding hence, the freedom of one person cannot encroach or overweigh the legal right of another person.
"If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into a live-in relationship with a third person without seeking divorce from the earlier spouse," the court had said.
