The Allahabad High Court in a plea filed by a
The Allahabad High Court in a plea filed by a married woman seeking protection against her husband as she was living with her partner in a live-in relation and her husband was trying to endanger their peaceful lives.
In the plea, she submitted that she was not married to the partner but was having a relationship with him because of the apathetic and torturing behavior of her husband towards her.
The Division Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Subhash Chand observed that: “But none law-abiding citizen who is already married under the Hindu Marriage Act can seek the protection of this Court for illicit relationship, which is not within the purview of the social fabric of this country. The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per the law applicable to the community if Hindu Law does not apply to her.”
The court asserted that if her husband had barged into the house of her partner then, it’s in the realm of a criminal dispute to which she can move to any criminal machinery available in the country.
Further Bench opined that “directing the police to grant protection to them may indirectly give our assent to such illicit relations.”
Therefore the court dismissed the plea and with an exemplary cost of ₹5000.
The court concluded by clarifying that the bench was not against the live-in relationships but was against illegal relations.
Click HERE to Read Order
