In a significant ruling that clarifies the legal boundaries of personal freedom, the Allahabad High Court has stated that a person already in a legally valid marriage cannot enter into a live-in relationship with another partner without first obtaining a proper divorce.
Court Denies Protection to Live-In Couple
The court's decision came while rejecting a plea filed by a couple in a live-in relationship who had sought police protection. The couple, both adults, argued before the court that they were living together by choice and feared for their safety due to opposition from their families and society. They contended that their relationship deserved protection under their fundamental right to personal liberty.
However, the state government opposed the plea, bringing to light a crucial fact: one of the petitioners was already legally married and had not obtained a divorce from their spouse. The state argued that this made the live-in relationship legally untenable.
Liberty vs. Statutory Rights: The Court's Reasoning
Justice Vivek Kumar Singh, presiding over the case, delivered a nuanced verdict. The bench acknowledged the right of adults to choose their life partners and live together without interference from parents or societal pressure. However, the court firmly established that this freedom is not absolute.
Justice Singh emphasized that one individual's personal liberty cannot be exercised in a manner that extinguishes the statutory rights of another person. The court highlighted that a legally wedded husband or wife has a rightful claim to the companionship and society of their spouse. This right, granted by law, cannot be simply ignored in the name of an individual's choice to be with someone else.
A Clear Legal Mandate Established
The bench laid down a clear legal principle: as long as a marriage is legally subsisting and the spouse is alive, a person is not permitted to enter into a live-in relationship with a third party. The only pathway to such an arrangement is through the legal dissolution of the prior marriage via a divorce decree from a competent court.
Granting police protection in such a scenario, the court reasoned, would effectively mean the judiciary turning a blind eye to the lawful rights of the legally married partner. Based on this robust legal reasoning, the Allahabad High Court refused to grant any protection or issue directions in favour of the couple. The judgment makes it unequivocally clear that the court will not support a live-in relationship that exists without the legal termination of a prior marriage.
