Allahabad High Court

Allahabad High Court: The Division Bench of Kaushal Jayendra Thaker and Ajai Tyagi, JJ. dismissed a writ petition with costs which was filed by the petitioners seeking protection of their lives and liberties.

Petitioner 1 was married to respondent 3 and there were children born out of the said wedlock. Petitioner 1 alleged that she was harassed as respondent 3 had come in contact with bad elements and used to come home only at midnight. In the complaint dated 01-09-2021, she also alleged that on the night of 07-09-2021, he came with his friends and wanted her to have illicit relations with his friends which she refused and at night, when her husband and children were sleeping, she left the matrimonial home. She later on went to live with petitioner 2.

The Court noted that till September, 2021, petitioner 1 was with respondent 3 and the daughters but it has not been disclosed that since when petitioner 1 and 2 were living as husband and wife and as to when respondent 3 had threatened their relation. The Court was unable to reconcile as to how the incident of 07-09-2021 can be narrated in a complaint dated 01-09-2021.

The Court distinguished on facts the case of Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755 relied on by the counsel of the petitioner regarding the belief of relationship where there is domestic violence perpetrated and defence was taken that there was no marriage. However, the Court said the marriage and family are social institution of vital importance reiterating relevant part of the same judgment. The Court thus concluded that it cannot be said that the relationship outside the matrimony has also to be recognized under Indian law. Paragraph 52 of the said judgment categorically mentions that Live-in relation as such is a relation which has not been socially accepted in India unlike many other Countries.

The Court clarified that the contention that India is governed by Constitution of India and we are not living in primitive days makes no difference as in the present case it cannot be said that petitioners are living as husband and wife and it is evident from the record and submission that the marriage of petitioner 1 with respondent 3 has not yet been dissolved. Further, there was nothing on record to show as to when respondent 3 threatened her while being in live-in-relation.

Constitution of India may permit live-in relation but, this writ petition is nothing else but filed with a purpose of obtaining seal of this Court on their illegal relationship.

The Court determined whether there is any act, omission or conduct of the respondent which would permit us to issue direction of no coercive action or granting protection and found that petitioner 1 had come with incorrect facts deliberately as her complaint has not culminated into F.I.R. being lodged. The Court was of the opinion that there are grey areas in the facts of the case which police will have to investigate. There is no threat perception, and no such complaint has been made to the police authority.

The petition was dismissed with costs Rs.5,000/- because there is no threat perception as prayed by petitioners from respondent 3.

[Sunita Devi v. State of U.P., 2022 SCC OnLine All 488, decided on 18-07-2022]

Advocates who appeared in this case :

Shyam Shankar Mishra, Advocate, Counsel for the Petitioner;

C.S.C., Counsel for the Respondent.

*Suchita Shukla, Editorial Assistant has reported this brief.

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