Court Can Not Protect Illegal Adulterous Relationships: Allahabad HC Denies Protection To Inter-Faith Couple Living Together
The Allahabad High Court declined to grant protection for a live-in relationship between a Muslim woman and a Hindu man finding the relationship adulterous due to the woman's existing legal marriage and absence of divorce evidence.
In this case, a writ petition was filed under Article 226 of the Constitution requesting the court to issue a writ, order, or direction in the nature of mandamus to prevent the disturbance of the petitioners' marriage life.
The petitioners, a Muslim woman (petitioner 1) and a Hindu man (petitioner 2), claimed to be in a live-in relationship due to the abusive behavior of petitioner 1's previous husband (respondent 5).
A Bench of Justice Renu Agarwal held, “The court could not protect such type of relationship which is not supported by law. If the court indulge in such type of cases and grant protection to illegal relationship, then it will create chaos in the society.”
Advocate Lavkush Kumar Bhatt appeared for the Petitioners.
The Court found that petitioner 1 was still legally married to respondent 5 as there was no evidence of divorce. The Court added, “The petitioner no.1 along with her 5 years old female child has left the house of her husband/respondent no.5 without any reasonable cause, hence such type of illegal relationship need not be protected by court. Therefore, the petitioners are not entitled to get any type of protection from this Court”
Consequently, the Court deemed the relationship between the petitioners as adulterous and ineligible for protection under the law.
The Court dismissed the petition with a cost of Rs. 2000, directing the petitioners to deposit the amount at the mediation center within 15 days.
Cause Title: Pinki & Anr. v. State of U.P. & Ors., [2024:AHC:26454]
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