The Allahabad High Court in its recent order on Monday stayed the arrest of a man (and his family members) who is living with a married woman. The FIR was registered by the husband of the married woman.
The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar also issued a notice to the husband of the woman seeking his reply in the matter.
Case:
Mohit Agarwal (31) is presently in a live-in relationship with a married woman who is 36-year-old.
The woman left her matrimonial home last year in October, due to the ‘alleged harassment’ being faced by her at the hand of the husband. She then started living in with Mohit Agarwal, who happens to be the petitioner no. 1 in this case.
The woman alleged that her husband started interfering in her day-to-day life who was living with her live-in partner Mohit Agarwal, and thus both of them moved to the High Court last year and they were given protection by the Allahabad High Court vide its order dated December 6, 2021.
While granting them protection, the Court had also remarked thus:
Live-in-relationships have become part and parcel of life and stand approved by the Hon’ble Apex Court.
The live-in relationship is required to be viewed from the lens of personal autonomy arising out of the right to live guaranteed under Article 21 of the Constitution of India, rather than, notions of social morality. The right to life enshrined under Article 21 of the Constitution of India is liable to be protected at all costs.
After this, the Husband filed an FIR in January 2022 under Sections 323, 504, 506 IPC and 3(1)(da) & 3(1)(dha) of the SC/ST Act against Mohit Agarwal (the live-in partner of the woman), his father, his brother and his mother.
Agarwal and his family this moved Allahabad High Court seeking protection against arrest, by way of filing the instant writ petition and sought the quashing of the FIR.
Allahabad High Court
Before the Court, the Agarwals contended that despite being given protection by the High Court, the subsequent filing of FIR by the Mohit’s married woman’s husband is violating the constitutional protection available to the petitioners as also the order passed by this Court.
The court thus issued a notice to the Husband as well as the State of UP and they have been asked to file a counter affidavit within three weeks and further. The high court ordered,
Till the next date of listing petitioners shall not be arrested pursuant to impugned First Information Report registered as Case Crime No.16 of 2022, under Sections 323, 504, 506 IPC and 3(1)(da) & 3(1)(dha) of SC/ST Act, Police Station Gajraula, District Amroha, provided petitioners cooperate in the investigation.
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