“Can’t permit illegality:" High Court rejects plea by live-in couple seeking protection since woman was married to another person
Geeta Vs State of UP
WRIT - C No. - 7542 of 2021
About/from the judgment:
The High Court denied protection to a live-in couple after noting that the woman was married to another person and the Court cannot, therefore, permit "illegality".
The COurt said that while Article 21 of the Constitution of India guarantees liberty to individuals, such liberty has to be within the ambit of law which applies to them.
"Petitioner no. 1, has mentioned in the petition, is the legally wedded wife of respondent no. 5 and she has for whatever reasons decided to go away from her husband, can we permit them to live-in-relation under the guise of protection of life and liberty. Therefore, we fail to understand how such a petition can be allowed to permit illegality in the society," the Court asked.
It further demanded whether it can grant protection to the people who want to commit what can be said to be an act which is against the mandate of the Hindu Marriage Act
“Can we grant protection to the people who want to commit what can be said to be an act which is against the mandate of the Hindu Marriage Act. Article 21 of the Constitution of India may permit a person to have own liberty but the liberty has to be within the ambit of law which applies to them,” the court said.
The petitioners had approached the Court seeking directions to the respondents (family members), not to interfere with and disturb their peaceful lives.
The plea also spoke about offences under Section 377 of Indian Penal Code (unnatural offences) allegedly committed by the husband.
The Court, however, noted that there was neither such complaint ever made by the woman nor any First Information Report registered in that regard.
"Whether her husband had committed an act which can be said to be an offence under Section 377 I.P.C. for which she has never complained of, all these are disputed questions of facts. There is no FIR," the Court observed.
The Court, therefore, dismissed the plea of the couple, with costs of Rs. 5,000 which has to be deposited with the Uttar Pradesh State Legal Services Authority.
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