The Allahabad High Court last week refused to grant protection to a couple claiming to be in a live-in relationship as it noted that the woman was still the legally wedded wife of another man.

A bench of Justice Vivek Kumar Singh observed that while no one can interfere in the lives of two adults, the Right to Freedom or Right to Personal Liberty is not an absolute or unfettered right and that the freedom of one person ends where the statutory right of another person starts.

The Court added that no 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.

In this case, petitioner no. 1 (married woman) and her live in partner (petitioner no. 2) moved the HC seeking a mandamus restraining the authorities woman’s husband (respondent no. 4) from interfering in their peaceful life and for a direction to provide protection.

The State, however, informed the Court that this was her second marriage and that she had not obtained any decree of divorce and had been living with petitioner no. 2 for the past years.

The Court emphasized that if a person is already married and the spouse is alive, he or she cannot be legally permitted to enter into live-in relationship with a third person without seeking divorce.

In its order, the bench also noted that there was nothing to show that the petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from the earlier marriage.

The writ petition by the wife was thus dismissed.

A bench of Justice Vivek Kumar Singh observed that while no one can interfere in the lives of two adults, the Right to Freedom or Right to Personal Liberty is not an absolute or unfettered right and that the freedom of one person ends where the statutory right of another person starts.

The Court added that no 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.

In this case, petitioner no. 1 (married woman) and her live in partner (petitioner no. 2) moved the HC seeking a mandamus restraining the authorities woman’s husband (respondent no. 4) from interfering in their peaceful life and for a direction to provide protection.

The State, however, informed the Court that this was her second marriage and that she had not obtained any decree of divorce and had been living with petitioner no. 2 for the past years.

The Court emphasized that if a person is already married and the spouse is alive, he or she cannot be legally permitted to enter into live-in relationship with a third person without seeking divorce.

In its order, the bench also noted that there was nothing to show that the petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from the earlier marriage.

The writ petition by the wife was thus dismissed.