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'Rajasthan High Court Terms Live-In Relationship Between Man And Married Woman Illicit

Rajasthan High Court has upheld an order by the Allahabad High court to term a live-in relationship between a man and a married woman 'illicit'

'Rajasthan High Court Terms Live-In Relationship Between Man And Married Woman Illicit
Allahabad Court Order calls relationship between a man and married woman illegal | PTI
'Rajasthan High Court Terms Live-In Relationship Between Man And Married Woman Illicit
outlookindia.com
2021-08-19T13:19:52+05:30

Citing the Allahabad High Court's order on August 7, 2021, that live-in-relationship cannot be at the cost of the social fabric of this country, the Rajasthan High Court recently in its two orders, termed live-in relationship between men and married women ''illicit”. In both cases, the court denied police protection to the couples who cited threat to their lives.

On August 13, the single-judge bench of Justice Satish Kumar Sharma denied police protection to a married woman, who was in a live-in relationship with another man and who sought police protection against some private persons who were not happy with her relationship.

Mentioning the recent order of the Allahabad High Court in which the Court had dismissed the protection plea of a married woman living with her partner with the cost of Rs 5,000 the Rajasthan high court in its order dated August 13 said, "It is a well settled legal position as expounded by the Division Bench of the Allahabad High Court in Smt. Aneeta & Anr. Vs. State of UP & Others that live-in relationship cannot be at the cost of social fabric of this country, and directing the police to grant protection may indirectly give our assent to such illicit relations."

The petition was filed jointly by the 33-year-old woman and 24-year-old man from the Sikar district. The petitioners knocked at the doors of the Rajasthan high court claiming that she has been compelled to leave her matrimonial house and at present she is living with her live-in partner and hence seeks police protection.  

The court also rejected the prayer for granting police protection to the woman. However, the court said, that in case any offence is committed with the petitioners they are at liberty to lodge an FIR in the concerned police station or may take available legal recourse.

In a similar case, on August 12, 2021, Rajasthan High Court again termed the live-in relationship between a man and a married woman “illicit”.

In this case, as well, the same court of Justice Sharma in its order denied the petitioners’ request for police protection. In a joint plea, filed by a 30-year-old married woman and a 27-year-old man from the Jhunjhunu district, petitioners had said that they are being threatened by the respondents and their lives are in danger.

The petition mentioned that the woman is married but has been forced to live separately because of physical abuse by her husband. The advocate of the petitioners told the court that both the petitioners are adults and are consensually in a live-in relationship which is why they are receiving threats and need police protection.

The order by the court rejected the request for police protection. The court order written in Hindi reads; "The woman is yet to get a divorce but despite that she is in a live-in relationship with petitioner number 2, which is illicit. Granting police protection to the petitioners would amount to indirectly giving permission to such illicit relationships."

The Allahabad High Court had recently observed that a live-in relationship cannot be at the cost of the social fabric of this country. While dismissing the protection plea of a married woman staying in a live-in relationship with her partner, the court called it illicit. A division bench of Justices Kaushal Jayendra Thaker and Subhash Chandra had observed, “Directing the police to grant protection to them may indirectly give our assent to such illicit relations.”

"None law-abiding citizen who is already married under the Hindu Marriage Act can seek the protection of this Court for an illicit relationship, which is not within the purview of the social fabric of this country. The sanctity of marriage pre-supposes divorce. If she has any difference with her husband, she has first to move for getting separated from her spouse as per the law," the Allahabad HC order had observed.

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