Live-in relation can't be at cost of country's social fabric

Live-in relation can't be at cost of country's social fabric

Aneeta And Anr Vs State Of UP And 3 Others

Allahabad HC

29/07/2021

WRIT - C No. - 14443 of 2021

About/from the judgment:

Observing that live-in-relationship cannot be at the cost of the social fabric of this Country¸the High Court recently dismissed the protection plea of a married woman living with her partner with exemplary cost of Rs.5,000.

Calling her live-in relationship with her partner an illicit relationship, the Court observed thus:

"Directing the police to grant protection to them may indirectly give our assent to such illicit relations"

The married woman had filed the instant protection plea stating that as she was living with her live-in partner, her husband (respondent number 4) was trying to endanger their peaceful lives and thus, she sought protection against him.

Further, she also submitted that she was not married to petitioner no.2/live in partner but was having a relationship with him because of apathetic and torturing behaviour of respondent no.4 (her husband).

To this, the Court said if her husband had barged into the house of petitioner no.2, it was in the realm of criminal dispute for which she can move to the criminal machinery available in the country.

The Court further observed thus:

"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."

Lastly, averring that the Court doesn't permit the parties to such illegality as tomorrow petitioners may convey that we have sanctified their illicit relations, the Court dismissed her plea.

However, the Court concluded by clarifying that the Bench was not against the live-in relationships but was against illegal relations.

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