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Live-in Relationship Without Ending Previous Marriage Could Be Bigamy: Punjab & Haryana High Court

The Punjab & Haryana High Court has ruled that living in a live-in relationship without legally ending a previous marriage may be considered bigamy under Indian law. This ruling came during a hearing of a petition filed by a couple seeking police protection from threats made by the man’s wife’s family.

The couple claimed they had been living together since September, and while the man’s family had accepted the relationship, the wife’s relatives were not supportive and had allegedly threatened them. They sought police protection due to these threats.

While reviewing the plea, the Court noted that the man was still married and had a child with his wife. Though he had filed for divorce, the case was still ongoing. The Court pointed out that without finalizing the divorce, the man’s actions could potentially violate Sections 494 and 495 of the Indian Penal Code, which address bigamy.

The Court also criticized the vague nature of the couple’s claims, stating that no solid evidence was presented to support their allegations of threats. Justice Tiwari remarked that it seemed the petition was filed to avoid criminal prosecution for adultery, with the petitioners possibly hoping for the Court to validate their relationship under the guise of seeking protection.

Given the lack of evidence and the unresolved divorce case, the Court dismissed the couple’s petition.

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