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HIGH COURT OF GUJARAT
AYK, SJD
ARVINDBHAI MANABHAI MAGROLA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(A.Y. KOGJE, J.)
1. Present petition is second petition, filed in quick succession. Earlier petition being Special Criminal Application No.2717 of 2025 was filed by the very petitioner for the same cause of action and this Court after having recorded wishes of the corpus, has disposed of the petition. Relevant paras of order dated 28-02-2025 passed in Special Criminal Application No.2717 of 2025 are reproduced herein :
“1. The present petition is filed by an individual, who claims to be in live-in relationship with respondent no.7. It appears that both, the petitioner is married and is already having two children, whereas respondent no.7 is married to respondent no.5 and is having one child out of the said wedlock. It is the claim of the petitioner that on the basis of live-in relationship, the petitioner and respondent no.7 were residing together. As a result of which, an FIR came to be filed by the father of respondent no.7 against the petitioner and respondent no.7 and both are on anticipatory bail in connection with the FIR filed for the offence under section 305(a) and 54 of the Bhartiya Nyay Sanhita.
2. xxxxxx
3. At the joint request of learned advocate for the parties,
The court dismissed a frivolous petition regarding a live-in relationship, emphasizing the absence of illegal confinement and the need to discourage repetitive claims.
The impermissibility of a live-in-relationship between a married and unmarried person based on the prerequisites outlined by the Apex Court.
A legally wedded spouse cannot enter into a live-in-relationship without seeking divorce, as it contravenes existing marriage laws and societal norms.
The court ruled that the right to protection under Article 21 does not extend to relationships deemed illegal or immoral, emphasizing constitutional morality over societal norms.
The court determined that a live-in relationship involving married individuals does not warrant constitutional protection and may be dismissed if lacking merit.
Live-in-relationships are recognized as part of the right to life and personal liberty under Article 21, but lack specific legal recognition, necessitating legislative action for protection.
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