The Allahabad High Court recently refused to grant protection to a live-in couple on the ground that the woman was already married to someone else, and the period of cohabitation between the two petitioners was very less.

A bench of Justices Kaushal Jayendra Thaker and Ajai Tyagi who were dealing with the case observed that while the Constitution may permit live-in relationships, the present petition was filed with the object of obtaining the Court’s seal on an illegal relationship.

The petitioners had moved to the Court seeking a writ of mandamus from the High Court directing the respondents (the woman’s husband and his family) to refrain from harassing them.

The petitioner was married to the respondent and had children with him. As per the complaint, she left her husband after he asked her to have illicit relations with his friends.

The Court took into account that the time period of the petitioners’ cohabitation was not disclosed, and there was nothing on record to show that her husband threatened them.

“List of dates and events goes to show that the petitioner No.1 has come with an incorrect facts deliberately as her complaint has not culminated into F.I.R. being lodged,” the Court said.

It was clarified that if the petitioner move police authorities with genuine grievances or threat to her life, they may do the needful on verifying all facts narrated by her previously.

Hence, the petition was dismissed with costs of ₹5,000 on the petitioner.

Case Title: Sunita Devi v State of UP