Can’t seek protection for live-in relation while still married: Allahabad High Court

On August 25, the Allahabad High Court ruled that individuals in a live-in relationship, who are already married, cannot seek protection against interference with their personal liberty and the statutory rights of their existing spouse. Justice Vivek Kumar Singh rejected the plea of a couple seeking an injunction from the local police to avoid disruption in their peaceful cohabitation.

The court underscored that while personal liberty cannot be infringed upon, it is not an absolute right and must be balanced with the statutory rights of an already married spouse. The court emphasized that a spouse's right to enjoy the company of their partner cannot be violated in the interest of personal liberty. Granting such protection would essentially be providing relief from a punishable offence of bigamy under Indian law.

The court declined to issue any writ, order, or direction in the nature of mandamus to protect the petitioners, as they were not in a legally recognized marriage. However, the court acknowledged that if faced with threats of violence or harm, the petitioners could still approach the police for assistance.