Illicit live-in-relationship cannot be allowed: Allahabad HC refuses to grant protection to married woman living with partner

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Synopsis

The woman told the court that because of her husband's apathetic and torturing behaviour, she had decided to live with her partner in a live-in relationship.

The Allahabad High Court recently observed that live-in relationships cannot be allowed 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," stressed the court. 

The observation was made by the single judge bench of Justice Renu Agarwal while dismissing a plea seeking police protection moved by a married woman who had been living with her partner. 

The 37 years old woman had left the matrimonial home of her own will to reside with her partner. She alleged that she had to do so because of her husband's apathetic and torturing behaviour.

The woman had her partner moved the high court by filing a writ petition on the ground that the woman's husband had been trying to endanger their peaceful lives.

The couple sought court's direction to the police to provide them protection along with a direction to the woman's husband to not interfere in their peaceful live-in-relationship life.

The plea was opposed by the state counsel who asserted that this type of relationship cannot be supported by the court. 

He submitted that the co-ordinate bench of the high court has already disapproved such act in Smt. Aneeta and another Vs. State of UP. 

In Aneeta v State, the high court had observed that "none law abiding citizen who is already married under the Hindu Marriage Act can seek protection of this Court for illicit relationship, which is not within the purview of social fabric of this country. The sanctity of marriage pre-supposes divorce".

In view of the observations in Aneeta v State, Justice Agarwal dismissed the present plea. 

Case Title: Suneeta And Another v. State and 3 Others