Allahabad High Court dismisses live-in couple’s protection plea since woman's first marriage was yet to be dissolved

The Allahabad High Court recently dismissed a live-in couple’s plea seeking protection after finding that the first marriage of one of the partners to another man still subsisted in the eyes of law. [Roshani And Another Vs. State Of UP And 3 Others].The Court held that the live-in couple had no legal right for protection since the woman's first marriage had not been dissolved by orders of any competent court.The woman had told the Court that her first marriage was dissolved through a mutual agreement with her husband, which was executed by a notary public. .Justice Ram Manohar Narayan Mishra, however, explained that no legal sanctity can be attached to such an agreement in the absence of an order by a competent court. “We find that petitioners have no legal right for protection in the facts of the present case as marriage of petitioner No. 1 [woman] with her previous husband is deemed to be subsisting under eye of law,” the Court concluded..However, the Court also said that petitioners will be at liberty to approach concerned police officials or a competent court in case they apprehend any danger on account of their relationship..The couple told the Court that they were presently living in a live-in relationship out of free will and choice.The Court was also told that the woman had left her matrimonial home voluntarily and got her earlier marriage dissolved through mutual compromise in September 2022, which was executed before a notary public. However, the State countered that the mode and manner of dissolving the woman's earlier marriage “cannot have sanctity of law" since no competent court had passed orders on the same and since both the woman and her husband belonged to Hindu community.Finding force in these submissions, the Court said, "Although the petitioners are stated to have been living in live-in relationship being consenting adults, admittedly the marriage of petitioner No. 1 with her previous husband has not been dissolved by orders of any competent court and no sanctity can be attached to dissolution of marriage of petitioner No. 1 and her husband by way of mutual agreement executed before notary public.".Advocate Mohd Hamid represented the petitioners. Standing Counsel Hasan Abbas represented the State..[Read Order]