No live-in relationship at cost of country’s social fabric: Allahabad HC | Allahabad News - Times of India

No live-in relationship at cost of country’s social fabric: Allahabad HC | Allahabad News – Times of India

PRAYAGRAJ: A live-in relationship cannot be at the cost of the country’s social fabric, said the Allahabad high court while imposing Rs 5,000 fine on a married woman, who is living with her partner and sought protection from her estranged husband.
Dismissing the writ petition filed by one Anita and her live-in partner of Bulandshahr district on July 29, a division bench comprising Justice Dr Kaushal Jayendra Thaker and Justice Subhash Chand observed, “We do not permit the parties to such illegality as tomorrow petitioners may convey that we have sanctified their illicit relations. Live-in relationships cannot be at the cost of the social fabric of this country. Directing the police to grant protection to them may indirectly give our assent to such illicit relations.”
However, the court made it clear that this bench was not against live-in relationships but is against illicit relations.
One Devendra Kumar is husband of the petitioner Anita, but she is living with another person, who is the second petitioner in the present case. She is having a relationship with her live-in partner. She alleged that she has done so because of the apathetic and torturing behaviour of her husband.
In the petition, she further alleged that her husband was trying to endanger their peaceful lives. Hence, they filed this petition requesting the court to direct the police to provide them protection.
Elaborating its stand, the court further said, “This court has already disapproved of such an act in Writ-C No. 11295 of 2021, Smt. Premwati and another Vs. State of U.P. and others. We hold that we are not against granting protection to people who want to live together irrespective of the fact as to which community, caste or sex they belong to.”
While declining to give any relief in the present case, the court said, “If Devendra Kumar, who is the legally wedded husband of the first petitioner has barged into the house of the second petitioner, it is in the realm of criminal dispute for which she can move to the criminal machinery available in the country. But no law-abiding citizen who is already married under the Hindu Marriage Act can seek protection of this court for illicit relationships, which is not within the purview of the social fabric of this country.”
Further, “The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per law applicable to the community if Hindu Law does not apply to her.”

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