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Despite reaching adulthood, the petitioner-woman, married off at 13 by her father, hadn't sought divorce from her husband
The Allahabad High Court recently dismissed a protection plea filed by a woman in a live-in relationship, who was married off by her father at the age of 13 to another man.
Court noted that despite reaching the age of majority, the woman had not applied for the dissolution of her marriage or sought divorce from the appropriate court, rather, she started a live-in relationship.
The court emphasized that under Hindu Law, living in an illicit live-in relationship while one's spouse is alive contradicts legal provisions.
The bench of Justice Renu Agarwal stressed that endorsing such relationships would disrupt societal norms. The judge said, "This type of relationship cannot be supported by the orders of the Court...If the court indulges in such type of cases and grants protection to illegal relationships, then it will create chaos in the society."
Further, expressing concern, the court noted that protecting the couple could be seen as legitimizing their unlawful relationship.
"Court does not deem it proper to permit the parties to such illegality as tomorrow petitioners may convey that this court sanctified their illicit relations," it said.
The court clarified that while it was not against live-in relationships per se, it strongly opposed illegal relationships.
"Living in live-in-relationship cannot be at the cost of social fabric of this Country. Directing the police to grant protection to them may indirectly give our assent to such illicit relations," court underscored.
Consequently, it dismissed the protection plea moved by the live-in couple.
The couple filed a protection plea under Article 226 of the Constitution, requesting the court to direct the police authorities to ensure their safety. They also sought an order preventing interference from their family members in their peaceful live-in relationship.
During proceedings, the couple informed the court that the male partner had filed a First Information Report (FIR) against the woman's parents for marrying her as a child. They argued that since the woman's marriage was invalid, she was willingly engaged in the live-in relationship of her own volition.
Case Title: Raksha And Another v. State Of Up And 4 Others
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