- The Allahabad High Court has refused to grant relief to a married woman who is residing with her live-in partner without divorcing her husband.
- The court held that the woman has no legal right to seek protection as she is still legally married to her husband.
- The court also observed that the woman’s live-in relationship is “illegal” and “against the mandate of the Hindu Marriage Act”.
- The court imposed a fine of Rs 5,000 on the woman and her live-in partner.
Some additional points :
- The woman had filed a petition in the high court seeking directions to her husband and his family members not to interfere with her live-in relationship.
- The court noted that the woman had not presented any evidence to show that her husband or his family members had actually interfered with her relationship.
- The court also noted that the woman had not sought a divorce from her husband.
The court’s decision has been criticised by some legal experts, who argue that it is discriminatory against women. They argue that the court should have considered the woman’s personal circumstances and her right to live with the person of her choice.
However, the court’s decision is also in line with the provisions of the Hindu Marriage Act, which does not recognize live-in relationships. The act only recognizes marriages that are solemnised in accordance with the law.
The court’s decision is likely to have a chilling effect on other women who are considering entering into live-in relationships without divorcing their husbands.
LIIVE LAW https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-denies-relief-married-woman-live-in-relationship-sans-divorce-233527 (LAST VISITED 24th JULY)
WRITTEN BY – ADITYA SINGH, COLLEGE NAME – SHRI RAMSWAROOP MEMORIAL UNIVERSITY, SEMESTER – 6th , an intern under LEGALVIDHIYA
