Allahabad High Court denies protection to live-in couple married to other persons

The Allahabad High Court recently declined to grant any protection to a live-in couple who were allegedly facing threats after the Court was told that the two partners were still married to others and had not obtained a divorce from their spouses.

Justice Renu Agarwal said that the Court could not support such a relationship as it would create chaos and destroy the social fabric of the country.

"The Court cannot support such type of relationship which are in contravention of law. As per the Hindu Marriage Act, if spouse of a person is alive or before obtaining decree of divorce a persons cannot get married with another person. If such type of relationship gets the support of Court, it will create chaos in the society and will destroy the social fabric of our country," the Court's February 22 order said.

While dismissing the plea, Justice Agarwal also imposed a fine of ₹2,000 on the petitioners (unmarried couple).

The Court was hearing a plea filed by the couple (petitioners) seeking directions to protect their life and liberty.

However, it was brought to the Court's notice that both the petitioners were already married to other people.

The woman (petitioner no.1) had acknowledged that she had gotten married to another man earlier, but did not provide any proof to show that her marriage ended in a divorce.

The Court concluded that she remained legally married to her husband.

Meanwhile, her male partner (petitioner no. 2) was also said to have married another woman. This submission was made by the lawyer representing a woman who claimed she was married to the petitioner. To support this claim, the woman's Aadhaar card was submitted, which indicated that the petitioner was her husband.

Observing that both petitioners remained married to other individuals and had not obtained divorces from their respective spouses, the Court proceeded to reject their plea for protection.

"The writ petition is accordingly dismissed with costs of Rs. 2000/- which shall be deposited with the Allahabad High Court Mediation and Conciliation Centre, Allahabad within 15 days from today," the Court directed.

Advocate Ramesh Kumar Singh appeared for the petitioners.

Advocate Ram Mohan appeared for the State.

[Read Order]