Prayagraj, March 28 The Allahabad High Court has observed that if a petitioner is already married and his/her spouse is alive, he/she cannot legally enter into a live-in relationship with a third person without obtaining a divorce from the earlier spouse.
A single-judge bench of Justice Vivek Kumar Singh said the court cannot issue any writ or direction for protection to the petitioners who are in a live-in relationship, without obtaining a decree of divorce from a competent court.
However, the court said that if the petitioners are disturbed or subjected to any act of violence, they may approach the concerned SSP by submitting a detailed application.
The concerned authority will verify its content and do the needful in accordance with the law to secure the life of the petitioners, the bench said.
Justice Singh then disposed of the petition filed by Anju and his male partner, who had sought a writ of mandamus directing the respondents not to interfere in their “peaceful life”, besides seeking protection.
The counsel for the petitioners argued, "Both the petitioners are living together as husband and wife, and they have apprehension of life threat.”
However, the standing counsel argued that both the petitioners were married separately, and their living together was “illegal” since they did not obtain a divorce from their respective spouses.
The court said, “In such a situation, protection to the petitioners who claim to be in a live-in relationship cannot be granted in exercise of powers conferred under Article 226 of the Constitution.”
In the order dated March 20, the court observed, “No one has the right to interfere in the personal liberty of two adults, not even their parents. But the right to freedom or the right to personal liberty is not absolute or unfettered; it is qualified by some restrictions as well.
“The freedom of one person ceases where the statutory right of another person starts. A spouse has the statutory right to enjoy the company of his or her counterpart, and he/she cannot be deprived of that right for the sake of personal liberty.
“No such protection can be granted to infringe the statutory right of the other spouse; hence, the freedom of one person cannot encroach or outweigh the legal right of another person.”
It added: “It is well-settled law that a writ of mandamus can not be issued contrary to law or to defeat a statutory provision, including a penal provision.
“The petitioners do not have a legally protected and judicially enforceable subsisting right to ask for mandamus.”
