The Allahabad High Court recently dismissed a petition filed by a live-in couple seeking protection from harassment. The court rejected the plea on the grounds that the woman was already married to another man and the cohabitation period between the couple was too short to justify their claim.
Case Background
The case, heard by Justices Kaushal Jayendra Thaker and Ajai Tyagi, involved a woman who had left her husband and entered a live-in relationship with the petitioner. The woman alleged that her husband had asked her to have illicit relations with his friends, prompting her to leave him.
The couple sought a writ of mandamus from the court, requesting that the woman’s husband and his family be restrained from harassing them.
Court Observations
The bench noted that while the Indian Constitution recognizes live-in relationships, this petition appeared to seek judicial approval for an illegal relationship. The court highlighted several issues:
- The woman was still legally married to her husband.
- The couple had not disclosed the duration of their cohabitation.
- There was no evidence of threats or harassment from the woman’s husband.
The court also pointed out discrepancies in the petitioner’s claims. “The petitioner has presented incorrect facts, as her complaint has not led to an FIR being lodged,” the judgment stated.
Judgment and Costs
The court dismissed the petition, imposing a cost of ₹5,000 on the petitioner. It clarified that if the woman faces genuine threats or grievances, she can approach police authorities, who will act after verifying the facts.
Implications of the Verdict
This judgment underscores the importance of adhering to legal protocols in cases involving live-in relationships. While such relationships are constitutionally permissible, they must not conflict with existing legal commitments, such as marriage.
The case highlights the complexities of balancing personal freedom and legal obligations in modern relationships, urging individuals to navigate these challenges responsibly.
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