The Allahabad High Court has ruled that individuals with an existing legal marriage cannot seek judicial protection for a live-in relationship with a third party unless they first obtain a formal divorce from a competent court.
Disposing of a writ petition filed by an eloped couple, Justice Vivek Kumar Singh held that granting legal protection to such domestic arrangements would effectively amount to shielding an act that constitutes the punishable offence of bigamy under Indian law. The court accordingly declined to issue a writ of mandamus directing local police to safeguard the couple’s cohabitation.
The petitioners had approached the High Court seeking orders to restrain interference with their peaceful living and protect them from alleged threats to their lives, stating that they were residing together as husband and wife. The state counsel opposed the plea.
Limits of Personal Liberty
In the ruling delivered on August 25, the court observed that while consenting adults have the right to personal liberty free from interference by third parties or parents, that freedom is neither absolute nor unrestricted.
The bench noted that an individual’s personal liberty cannot supersede or extinguish the statutory rights of an existing living spouse. Observing that one person’s liberty ends where another person’s statutory rights begin, the judge noted that a spouse possesses a legal right to the companionship of their partner, and this entitlement cannot be undermined under the pretext of personal liberty.
The court stated that any married individual wishing to live with a new partner or enter into a fresh union must first secure a decree of divorce from an authorized court.
Police Recourse for Security Threats
While dismissing the petition for protection of the live-in relationship, the High Court clarified that the decision does not leave the petitioners without legal remedies in the event of actual danger.
The order specified that if the petitioners encounter threats of violence or physical harm, they remain entitled to approach the relevant police authorities, who are required to look into the grievances and take appropriate action.
