The Allahabad court recently observed that a married man’s live-in relationship is not an offence and that it was the court’s duty to protect the citizen's rights.
However, the observation seemed to contradict the courts' earlier observations.
On March 25, the court observed, "There is no offence of the kind where a married man, staying with an adult in a live-in relationship, by consent of the other person, can be prosecuted for any offence whatsoever. Morality and law have to be kept apart. If there is no offence under the law made out, social opinions and morality will not guide the action of the Court for protecting the rights of citizens."
On March 20, however a single judge at the Allahabad court observed that a married individual cannot be legally permitted to enter into a live-in relationship with a third person without first obtaining a divorce from the spouse.
On a post on X, Live Law, shared a screen grab of the observation. The post read “If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into a live-in relationship with a third person without seeking divorce from the earlier spouse. He/she first has to obtain the decree of divorce from the court of competent jurisdiction before solemnising marriage or entering into a living-in relationship out of their legal marriage."
Live Law noted that the observation was made while the court denied protection to a live-in couple.
In December of last year, the High Court made a similar observation, stating that a married person cannot legally enter into a live-in relationship without first obtaining a decree of divorce from the spouse, Hindustan Times reported.
In the case, the petitioners had approached the court that both petitioners are major and living together as husband and wife, and they have apprehension of a life threat from the respondent, PTI reported.
The court had dismissed the petition sought by the live-in couple, with Justice Vivek Kumar Singh observing that the freedom of personal liberty is not absolute and cannot infringe upon the statutory rights of an existing spouse.
The spouse has the statutory right to enjoy the company of their counterpart, and they cannot be deprived of the right for the sake of the personal liberty of the other.
"If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into a live-in relationship with a third person without seeking divorce from the earlier spouse," the court had said.
