Adultery has been decriminalised by Supreme Court of India in 2018, however, the Punjab & Haryana High Court in their order dated November 1, 2021 observed that if a married person is in live-in-relationship, without obtaining a divorce from his/her spouse, then that may amount to an offence under 494 of the Indian Penal Code (Bigamy).
The Bench of Justice Ashok Kumar Verma observed thus while dealing with a plea filed by a woman, along with her partner, who was in a live-in relationship without obtaining a divorce from her husband.
Case 1:
Married Woman and her partner approached the high court seeking issuance of directions to respondents (her husband and family) to protect their life and liberty at the hands of private respondents, submitting that they are in live-in-relationship against the wishes of the private respondents.
Petitioner Harpreet Kaur (wife) is around 23-years-old, who is the legally wedded wife of respondent No.4 Gurjant Singh. Without seeking a divorce from her spouse, Kaur has been living with her partner.
Punjab & Haryana High Court For Case 1
Stressing that such a relationship does not fall within the phrase “live-in relationship” or “relationship” in the nature of marriage, the high court observed:
Once petitioner No.1 is a married woman being the wife of respondent No. 4 – Gurjant Singh, the act of petitioners particularly petitioner No.1 (erroneously written in the order as petitioner number 2) may constitute an offense under Sections 494/495 IPC
Further, noting that the instant petition had been filed just to obtain a seal of the court on their so-called live-in-relationship, the Court added,
Petitioners have no legal right for protection on the facts of the present case inasmuch as the protection as being asked may amount to protection against the commission of offence under Section 494/495 IPC.
Now, in a contrasting order dated November 2, 2021, Justice Vikas Bahl of the same Punjab & Haryana High Court ordered protection to a 50-year-old married woman and her live-in partner, a 30-year-old man noting that every person, more so, a major, has the right to live his / her life with a person of his / her choice at any rate.
Stressing that the protection of life and liberty is a basic feature of the Constitution of India, the Bench of Justice Vikas Bahl observed,
Every person, more so, a major, has right to live his / her life with a person of his / her choice at any rate whenever this Court, prima-facie, is satisfied that on account of some relatives/ persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, and in such circumstances, the Courts are then required to pass necessary directions for their protection.
Case 2:
50-year-old married woman approached the high court along with her 30-year-old partner, claiming that they are in a “Live-in Relationship” and thus they were seeking protection of their life and liberty.
The duo submitted that they intended to marry each other after the divorce has been taken by the woman from her husband Mangal Singh.
Punjab & Haryana High Court For Case 2:
At the outset, the Court opined that even if the petitioners are living in a “Live in Relationship“, they are entitled to protection of life and liberty.
With respect to the aspect of the woman not being divorced, the high court referred to a judgment of Ishrat Bano and another vs. State of Punjab and others, wherein the High Court had granted protection to a Muslim man seeking protection in his second marriage.
In that case, considering the aspect of protection of life and liberty being of paramount consideration and without getting into the issue as to whether the relationship between the parties (second marriage) was legal or not, even in spite of the fact that there is a criminal case registered against the parties, had however, granted them protection.
The court concluded this order by stating,
Keeping in view the above said facts and circumstances and without commenting upon the legality of the relationship or expressing any opinion on merits of the case, the high court disposed of the instant petition with a direction to respondent no. 2 to consider the representation dated 25.10.2021 and to assess the threat perception to the petitioners and after considering the same, take appropriate action in accordance with law.
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