The Punjab & Haryana High Court recently stated that living with another woman without ending a previous marriage may be considered an offense of bigamy under Sections 494 and 495 of the Indian Penal Code (IPC). This observation came in response to a writ petition filed by a live-in couple seeking police protection from alleged threats by the man’s wife’s relatives.
The couple claimed they had been in a live-in relationship since September and that the man’s family accepted their relationship. However, they faced opposition from the relatives of the man’s wife and reported receiving death threats, prompting their request for police protection.
While reviewing the plea, the court noted that the man is already married and has a daughter with his wife. The court also observed, “Though the petition mentions a pending divorce case between petitioner No.2 and his wife in the Family Court, Patiala, the outcome of that case is not disclosed, leading the court to infer that the divorce is still pending.”
The court further remarked that the petitioners did not provide any supportive material or specific instances to corroborate their claims of threats. “Such vague allegations cannot be readily accepted without valid and convincing material,” the court added.
Justice Tiwari emphasized that the petition seemed to be an attempt to avoid criminal prosecution for adultery. “It appears that the petitioners are seeking to obtain the court’s endorsement of their conduct under the guise of invoking writ jurisdiction,” he stated.
Given the lack of evidence and the hidden intent perceived by the court, the petition was dismissed.
Case Title: Reena Devi & Anr. v. State of Punjab & Ors
