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No Live-In Without Divorce: Allahabad HC Shields Spousal Rights Over 'Freedom'
In a stark reminder that love doesn't trump law, the dismissed a by a married couple seeking police protection for their live-in relationship. Justice Vivek Kumar Singh ruled on , that ends where statutory marital rights begin, refusing protection absent a divorce decree. The petitioners, Smt. Anju and another, claimed threats from respondent no. 4 while living as husband and wife—despite both being legally wed to others.
A Couple's Bold Claim Amid Legal Tangles
The petitioners approached the High Court via Writ-C No. 10593 of , invoking for a to shield their "peaceful life." They asserted they were consenting adults cohabiting as spouses, fearing life threats from respondent no. 4. No evidence of divorce, joint finances, or long-term akin-to-marriage proof was presented. The State-respondents, represented by , countered that both petitioners remained married, rendering their setup illegal under bigamy provisions.
Petitioners Seek Sanctuary, State Cites Sin
for the petitioners urged non-interference in adult choices, downplaying caste, gotra, or religion. They framed it as a pure issue under .
Opposing fiercely, the State highlighted the absence of divorce decrees, labeling the relationship adulterous and potentially bigamous—offences under and . Citing prior rulings, they argued no legal right exists for protection that aids illegality.
Balancing Liberty's Limits with Law's Lines
Justice Singh meticulously unpacked the tension:
"In the relationship of a marriage or in a live-in relationship, there must be two consenting adults... but the Right to Freedom or Right to
is not an absolute... The freedom of one person extincts where the statutory right of another person starts."
He stressed a spouse's right to companionship cannot be trampled for another's liaison.
Drawing from guidelines, the court required proof of legal marriage eligibility—like being unmarried—and spousal-like ties via documents. Absent these, it rejected unrecognized ties such as "polygamy," "bigamous marriage," or "adulterous relationship."
Precedents sealed the deal: Asha Devi vs. State of U.P. ( ) and Bhagwati Pathwar vs. State of U.P. ( ) from Division Benches, plus the single-judge's own Smt. Sonam vs. State of U.P. ( ), all denying protection to similarly situated married live-in pairs. demands a subsisting legal right, the court noted—here, it would shield potential crimes, impermissible under .
This aligns with Justice Singh's pattern, as media reports note his repeated denials in such cases. Yet, other sources highlight a Division Bench contrast just days later ( ), where Justices JJ Munir and Tarun Saxena protected a married man's consensual live-in with an 18-year-old, deeming no offence absent law violation and separating "morality and law."
Court's Sharpest Words
-
On liberty's boundary
:
"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
and no such protection can be granted to infringe statutory right of the other spouse."
-
Divorce first
:
"If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into live-in relationship with a third person without seeking divorce from the earlier spouse."
-
No writ for wrong
:
"
can not be issued contrary to law or to defeat a statutory provision including penal provision."
Petition Dismissed, Door Slightly Ajar
The writ stands dismissed: no protection granted. However, if violence strikes, petitioners may approach the Senior Superintendent or Superintendent of Police with details for verification and action. This reinforces that courts won't endorse live-ins bypassing divorce, prioritizing marital sanctity over unchecked freedom—potentially guiding future pleas while spotlighting intra-court variances on consent versus crime.
