Chandigarh, September 27, 2023 – The Punjab and Haryana High Court recently issued a stern judgment expressing reservations over a married man’s cohabitation with a divorced woman, asserting that the consequences of their “illicit relationship” primarily impacted the man’s wife and children. In a decisive ruling, the court dismissed the couple’s plea for protection against the man’s wife, labeling it as a mere “cover-up.” The court directed the couple to pay a fine of Rs. 25,000 to the aggrieved wife.
The couple had alleged that the man’s wife had visited their residence, subjecting them to verbal abuse and creating a tumultuous scene by leveling false and baseless accusations against them. Justice Alok Jain, while scrutinizing these allegations, remarked, “The allegations do not demonstrate any threat perception to the life and liberty of the petitioners. This petition appears to have been filed solely to conceal the illicit and promiscuous relationship.”
This decision is consistent with the court’s recent stance on such matters, as it had previously imposed a fine of Rs. 2,500 on another married couple engaged in a live-in relationship who sought police protection. The court emphasized, “One’s choice to live outside wedlock does not mean that married persons are free to engage in live-in relationships with others during the subsistence of marriage.”
Interestingly, the Delhi High Court has taken a divergent view on the subject, holding that live-in relationships between consenting married individuals may be considered “socially undesirable” but should not be deemed criminal. It emphasized that courts should refrain from imposing their perception of morality on such individuals. The legal landscape surrounding such cases remains dynamic, and courts across India continue to grapple with striking a balance between personal choices and societal norms.
As the legal discourse on live-in relationships within marriage evolves, this latest judgment from the Punjab and Haryana High Court adds another perspective to the ongoing debate, emphasizing the need for clarity in legal frameworks and the protection of all parties involved.
Written by- Abdullah khan, USLLS, 3rd semester as an intern under Legal Vidhiya
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