The Allahabad High Court recently decided not to grant protection to a live-in couple because the woman involved was already married to another person. The judges also noted that the period of cohabitation between the couple was very short.
The case was heard by Justices Kaushal Jayendra Thaker and Ajai Tyagi, who pointed out that although live-in relationships are permitted by the Constitution, this particular petition seemed to aim at seeking legal validation for an illegal relationship.
The couple had approached the court for a writ of mandamus, requesting that the woman’s husband and his family be ordered to stop harassing them. The woman, already married to the respondent, also has children with him. According to her complaint, she left her husband because he allegedly pressured her to engage in illicit relationships with his friends.
However, the court observed that the petitioners did not disclose the length of their cohabitation. Additionally, there was no evidence to suggest that the woman’s husband had threatened them.
The court noted, “The list of dates and events indicates that petitioner No.1 has deliberately presented incorrect facts, as her complaint has not resulted in an FIR being lodged.”
The judges clarified that if the woman faces genuine threats or grievances, she can approach the police, who should take necessary actions after verifying her claims.
As a result, the court dismissed the petition and imposed a fine of ₹5,000 on the petitioner.
Case Title: Sunita Devi v State of UP
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