Prayagraj: Allahabad High Court clarified in a case related to live-in relationship that if a person is already married and his spouse is alive, then he cannot legally live in a live-in relationship with another person without obtaining divorce. This comment was given by the single bench of Justice Vivek Kumar Singh while rejecting the petition of the petitioners resident of Azamgarh.
The petition was filed on behalf of a couple who claimed that they were living as husband and wife and were facing threat to their lives from the respondents. He had sought a direction (mandamus) from the court not to interfere in peaceful life and to provide security.
The court said that in a marital relationship, a spouse has the legal right to live with his or her spouse. It cannot be snatched away in the name of any other relationship. Therefore, living in a live-in relationship with a third person without obtaining divorce is not legally acceptable.
The court also clarified that two adults have the freedom to live together as per their choice and caste, religion or clan should not be a hindrance in this. However, individual freedom is not completely unlimited. It is limited only to the extent that the statutory rights of any other person are not affected.
Therefore, the petitioners have no statutory right to seek protection or protection. The Court said that the writ of mandamus can be issued only when the petitioners have some valid and enforceable right. A writ cannot be given to grant protection to any act against the law.
However, the court gave relief to the petitioners that if there is any kind of danger, they can apply to their nearest Superintendent of Police and demand protection.
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