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A petition filed by a wife, living in a live-in relationship with another man, seeking protection from her husband was dismissed by Allahabad High court on 21.06.2021.

The writ petition asserted that the petitioner has moved an application before the Chairman, Human Rights Commission, New Delhi, seeking protection from her husband.

Whereas, she hasn’t availed any of the legal remedies available to her in other Indian Laws.

Court stated,
“It is admitted fact of the matter that the petitioner has not moved any application under the relevant provisions such as Domestic Violence Act and Indian Penal Code, for any threat or act of violence of her husband. It is admitted fact of the matter that the petitioner has not even filed any petition under Hindu Marriage Act for divorce.”

The petitioner had stated that she left her matrimonial house in view of antisocial activities of her husband and is now living with a man named Mohit in a live-in relationship.

The Court ruled,
“In view of the said admitted fact, the vague plea in the writ petition that the respondent No. 4, husband of the petitioner, is harassing her, cannot be entertained.”

The High Court dismissed the petition being devoid of merit.

In a recent judgment in January, 2021 the Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later.

The division bench, comprising Justice SP Kesarwani and Justice YK Srivastava, observed, “the writ petition has been filed by the petitioners for protection from interference by others in their living as husband and wife. If protection, as prayed for, is granted, it may amount to granting protection against commission of offences under Sections 494/495 of the IPC.”