The recent observation of the Allahabad High Court that a married man in a consensual live-in relationship with an adult does not commit an offense is a contradiction to one of its earlier observations.
The Allahabad High Court on March 25 observed that a live-in relationship between a married man is not a crime, saying social morality cannot override the court’s duty to protect the rights of citizens.
Division Bench of Justice JJ Munir and Justice Tarun Saxena were hearing a plea seeking protection for the couple living in the house and facing threats from the woman’s family, according to the Bar and Bench report.
Law portal Bar and Bench quoted the court as saying: “There is no such crime in which a married man, who is in a live-in relationship with an adult, can be tried for any crime, whatsoever. Morality and law must be separated. If there is no crime under the prescribed law, social views and morality will not guide the action of the court to protect the rights of citizens.”
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The above observation, that direct relations between a married man is not a crime, was reportedly a contradiction of her statements made by a single judge on March 20 when he denied protection to the resident couple.
The court said on March 20 that a married individual cannot legally be allowed to enter into a live-in relationship with a third person without first obtaining a divorce from his or her spouse, according to LiveLaw.
“If the petitioners are already married and have a living spouse, he/she cannot legally be allowed to enter into a live-in relationship with a third person without seeking divorce from the ex-wife. He/she must first obtain a divorce decree from the competent court before celebrating the marriage or entering into a relationship outside their legal marriage,” the Allahabad HC observed, according to a screenshot of the note shared by LiveLaw on X.
The Supreme Court had also made a similar observation in December last year, saying that a married person cannot legally enter into a direct relationship with a third party without first obtaining a divorce decree.
In this case, the petitioners approached the court praying that both the petitioners are senior and living together as husband and wife and they fear a threat to life from the respondent, according to news agency PTI.
On this note, the court rejected a writ petition seeking protection filed by a couple in a live-in relationship.
Justice Vivek Kumar Singh observed that freedom of personal liberty is not absolute and cannot infringe on the legal rights of the existing spouse.
The court said that a spouse has the legal right to enjoy the company of his or her counterpart, he or she cannot be deprived of this right for the sake of personal freedom, and such protection cannot be granted for violating the legal right of the other spouse, adding, therefore, that the freedom of one person cannot infringe or overpower the legal right of another person.
“If the petitioners are already married and have a living spouse, they cannot legally enter into a live-in relationship with a third person without seeking divorce from the former spouse,” the court said.
