Allahabad High Court: In a writ petition filed for directing the police authorities to provide police protection to petitioners against the husband and parents of the petitioner 1 and for not interference in peaceful live-in-relationship of the petitioners., Renu Agarwal, J said that petitioner 1 is living with petitioner 2 in live-in-relationship having legally wedded husband without seeking divorce from the Court of competent jurisdiction. According to Hindu Law, a person having a spouse alive cannot live in illicit and live-in-relationship in contravention of the provisions of law. Hence, this type of relationship cannot be supported by the orders of the Court.
Petitioners submitted that the parents of petitioner 1 had solemnized her marriage when she was 13 years old and minor. The alleged marriage of petitioner 1 is invalid and therefore, she is voluntarily living in live-in-relationship with petitioner 2 with her own sweet will.
The State has submitted that petitioner 1 is already married and her marriage has not been declared void by any Court of competent jurisdiction and she is in live-in-relationship with the petitioner 2 and such type of relationship cannot be supported by the Court.
The Court said that no application is moved by petitioner 1 for dissolution of marriage after attaining the age of majority and still she is legally wedded wife of her husband. Thus, petitioner 1 is living with petitioner 2 in live-in-relationship having legally wedded husband without seeking divorce from the Court of competent jurisdiction. According to Hindu Law, a person having a spouse alive cannot live in illicit and live-in-relationship in contravention of the provisions of law. Hence, this type of relationship cannot be supported by the orders of the Court. The court could not protect such type of relationship which is not supported by law. If the court indulges in such type of cases and grant protection to illegal relationships, then it will create chaos in society, hence such type of relationship cannot be supported by the Court.
Thus, the Court while refusing to permit the parties to such illegality, said that tomorrow petitioners may convey that this Court sanctified their illicit relations. Living in live-in-relationship cannot be at the cost of social fabric of this Country. Directing the police to grant protection to them may indirectly give our assent to such illicit relations.
The Court also clarified that it is not against live-in relationships but is against illegal relations.
[Raksha v State of UP, 2024 SCC OnLine All 650, Order dated 15-02-2024]
