Allahabad High Court’s big decision on live-in relationship, married couples cannot live in live-in relationship without divorce

Allahabad High Court Live-In Ruling: Allahabad High Court has given a very important and historic decision regarding live-in relationships. The court clarified that if a person’s spouse is alive, he cannot live with someone else without obtaining a divorce. Any such arrangement that violates the legal rights of married spouses cannot be legally recognized. Allahabad High Court’s verdict on live-in relationship has made it clear that personal freedom cannot be unlimited.

Main decision of the court

The single bench of Justice Vivek Kumar Singh has made this comment while disposing of a petition. The court said that a married person cannot live-in with a third party without a valid divorce. The law does not sanction such relationships where the legal rights of one partner are at risk.

Demand for security rejected

The petitioners had asked the court not to interfere in their peaceful lives and to provide police protection. They argued that they were living together like husband and wife but there was a threat from their family members. However, the court completely refused to provide him protection under Article 226.

freedom and restrictions

During the hearing, the court accepted that adults have the right to live together as per their wish. But the Court clarified that the right to personal liberty is not absolute or completely unlimited. This right ends when the statutory right of the other person begins.

rights of husband and wife

According to the court, husband and wife have full legal right to live with their partner. No one can be deprived of this legal right in the name of personal freedom. Therefore, living with a third person while having a married partner will be considered completely illegal.

State government’s argument

The state government strongly opposed the petition saying that the petitioners were already married. It was argued on behalf of the government that without obtaining divorce from a competent court, this act is illegal. The petitioners had not yet obtained any legal decree of divorce.

police assistance on violence

Although the court did not provide protection, it said that they can contact the police in case of violence. The petitioners can apply to the concerned Senior Superintendent of Police or SP for their security. After verifying the application, police officers will take necessary action as per law.

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Social and legal impact

This decision is a big step towards strengthening the institution of marriage in the society and maintaining legal dignity. The court made it clear that merely claiming live-in does not make illicit relations legal. In such cases, following the legal process and getting a divorce is a mandatory condition.