The Allahabad High Court on Tuesday dismissed a plea of a married woman presently living with her live-in partner. The HC bench of Justices KJ Thaker and Dinesh Pathak also imposed a fine of Rs 5000 on the petitioner.
The HC bench said, “We can’t give protection to such people who openly violate the Indian Penal Code and Hindu Marriage Act. Article 21 guarantees freedom of life to all citizens but this freedom should be within the ambit of law and then only the protection can be granted.”
Geeta, who belongs to Aligarh, filed a writ petition before the HC seeking direction in the nature of Mandamus commanding her husband and other family members not to “disturb their peaceful live-in-relation by adopting coercive measures.”
The division bench of the HC refused to grant protection to the woman, saying that her act goes against the provisions of the “Hindu Marriage Act”. During the hearing on June 15, Justices KJ Thaker and Dinesh Pathak observed that they failed “to understand how such a petition could be allowed” since it permits “illegality in the society”.
According to Article 21 of the Constitution of India, no person shall be deprived of his life and personal liberty except according to the procedure established by the law.
Further, the court noted that the woman, who is already the legally wedded wife of one of the respondents in the case, has not complained if her husband has committed any offence under IPC Section 377 (unnatural offences) and so it remains a disputed fact.
Recently, the Punjab and Haryana High Court had disposed of a plea of a married woman who was in a live-in relationship with an unmarried man. The petitioners had sought the protection of life and liberty against private parties. Justice Vivek Puri had directed the senior superintendent of police (SSP) of Faridkot to look into the grievance.