India

HIGH COURT : Live-in relationship without divorce is just an adulterous relationship

 

ALLAHABAD:

Allahabad High Court refused to provide security to a woman and her partner living in a live-in relationship without divorce. The court said, live-in relationship without divorce is merely an adulterous relationship. It cannot be given court protection. Doing this will create anarchy in the society. The court rejected the petition, imposing a fine of Rs 2,000 on the petitioner couple.

Justice Renu Aggarwal gave this decision on a petition seeking security by a Muslim woman from Aligarh and her live-in partner Avinash. The counsel for the petitioners said that the woman was married to Raju, with whom she also has a five-year-old daughter. Raju is a habitual drunkard. Used to beat his wife while drunk. Despite complaining about this, the family members did not take any action.

This was the main reason that she left her husband’s house with her five-year-old daughter of her own free will. She is living in a live-in relationship with Avinash. She is in danger of her life from her husband Raju, who is unhappy with this relationship. Opposing the argument, the state government’s counsel said that the married woman has neither taken divorce from her husband nor completed the formalities of Section 8 and 9 of the Conversion of Religion Act.

The court further held  that live-in relationship without divorce due to violent behavior of the husband is merely an adulterous relationship, which is not supported by any law. The couple does not have the right to seek protection and security from the court. The court cannot recognize this relationship. Giving protection to illicit relationships will create anarchy in the society. The court imposed a fine of Rs 2,000 and also directed to deposit the amount in the mediation center within 15 days.

 

Vishal Talwar

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