Uttar Pradesh / HC refuses protection to married UP woman & live-in partner, imposes ₹5,000 fine

Allahabad High Court has refused to grant protection to a married UP woman and her live-in partner. While imposing a fine of ₹5,000 on the petitioners, the court said it goes against the provisions of Hindu Marriage Act. The couple had in their plea sought directions to the husband and other respondents to not “interfere and disturb the peaceful live-in-relationship".

Vikrant Shekhawat : Jun 18, 2021, 12:41 PM
PRAYAGRAJ: The Allahabad high court dismissed on Tuesday the protection plea of a live-in couple, noting that the woman was already married and in a live-in relationship with another man. “We fail to understand how such a petition (can) be allowed, permitting illegality in society,” the high court observed while imposing a fine of Rs 5,000 on the couple.

Petitioner number one, Geeta, from Aligarh, is a major and is in a live-in relationship with petitioner number two, who is a major man. In a writ petition filed before the HC they sought directions in the nature of mandamus commanding the respondents — Geeta’s husband and other family members — not to interfere and disturb their “peaceful live-in relation(ship)” by adopting coercive measures.

While rejecting their plea on June 15, a division bench comprising Justice Kaushal Jayendra Thaker and Justice Dinesh Pathak also dismissed the writ petition, observing: “Can we grant protection to people who want to commit what can be said to be an act which is against the mandate of the Hindu Marriage Act? Article 21 of the Constitution of India may permit a person to have own liberty but the liberty has to be within the ambit of law which applies to them (sic).”

Article 21 of the Constitution provides protection to life and personal liberty. It guarantees that no person shall be deprived of his life or personal liberty except according to procedure established by law.

The court, while noting that the woman is the legally wedded wife of one of the respondents in the case, remarked: “She has for whatever reasons decided to go away from her husband, can we permit them to live in relation (sic) under the guise of protection of life and liberty?” The court directed that the fine imposed on the petitioners be deposited by them with the Uttar Pradesh State Legal Services Authority.