Married Persons Can't be in a Live-In Relationship Without Divorce: Allahabad HC

Prayagraj: The Allahabad High Court on Saturday has issued an important ruling regarding live-in relationships and stated that a person who is already married and whose spouse is alive cannot legally be in a live-in relationship with a third person without obtaining a formal divorce. 

What did the court say?

A single bench of Justice Vivek Kumar Singh in the observation said that "The freedom of one person (ceases) where the statutory right of another person starts. A spouse has statutory right to enjoy the company of his or her counterpart, and he/she cannot be deprived of that right for the sake of personal liberty… and no such protection can be granted to infringe statutory right of the other spouse. Hence, the freedom of one person cannot encroach or overweigh the legal right of another person."

Rejecting their petition, the court said in its order, “this court is not inclined to issue any writ, order or direction in the nature of mandamus for protection to the petitioners who are in a live-in relationship without obtaining decree of divorce from competent court… In such a situation, protection to the petitioners, who claim to be in a live-in relationship, cannot be granted.”

"However, if the petitioners are disturbed or subjected to any act of violence, they may approach the Senior Superintendent of Police/Superintendent of Police concerned by submitting a detailed application/representation. It is expected that upon receipt of such application/representation, the authority concerned shall verify its contents and do the needful…,” the court said.

What is the case?

The couple, in their writ petition, said they were living together as husband and wife, but were facing threats to their lives from their family members.

The petitioners had sought directions to not interfere with their peaceful life and to provide security. The petitioners argued that they were living together as husband and wife, but were facing threat to their lives from their family members. 

However, the state government opposed the petition, arguing that the petitioner was already married and their act is illegal as they are not divorced.