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Legally wed woman being in live-in-relationship is against mandate of Hindu Marriage Act
By: Tupaki Desk | 18 Jun 2021 7:53 AM GMT
A married woman, who is in live-in-relationship with her lover has moved the Allahabad High Court to seek protection from her spouse and kin.A joint petition was filed by the woman and her lover.
A Division Bench comprising Justices Kaushal Jayendra Thaker and Dinesh Pathak rejected the petition and slapped a fine of Rs 5,000 against the petitioners.
The high court found fault with the woman living in live in relationship despite getting married and termed it against the mandate of Hindu Marriage Act.
The bench said, it failed to understand how a petition that permits illegality in the society should be allowed for hearing.
"The Article 21 of the Constitution of India may permit a person to have own liberty but the liberty has to be within the ambit of law which applies to them," the bench said during the arguments.
The case reached the High court after the couple knocked on its door to seek protection so that they can continue their live-in-relationship without out any issues.
While dismissing the petition, the court directed that the fine amount should be deposited with the Uttar Pradesh State Legal Services Authority.
A Division Bench comprising Justices Kaushal Jayendra Thaker and Dinesh Pathak rejected the petition and slapped a fine of Rs 5,000 against the petitioners.
The high court found fault with the woman living in live in relationship despite getting married and termed it against the mandate of Hindu Marriage Act.
The bench said, it failed to understand how a petition that permits illegality in the society should be allowed for hearing.
"The Article 21 of the Constitution of India may permit a person to have own liberty but the liberty has to be within the ambit of law which applies to them," the bench said during the arguments.
The case reached the High court after the couple knocked on its door to seek protection so that they can continue their live-in-relationship without out any issues.
While dismissing the petition, the court directed that the fine amount should be deposited with the Uttar Pradesh State Legal Services Authority.
