In a landmark decision, the Allahabad High Court ruled that a married person cannot legally enter into a live-in relationship with a third party without first securing a formal divorce.
As a result, the court refused to grant the couple legal protection in such a domestic arrangement.
what is it about
The appellants, both adults living together as a couple, sought protection from an alleged threat to the respondent’s life. However, the public prosecutor opposed the motion, stating that one of the petitioners was still legally married to another person and had not sought a divorce.
Judicial reasoning
During the hearing, presiding judge Vivek Kumar Singh observed that the right to personal liberty is not absolute. It cannot circumvent the legal rights of the common-law spouse, who is legally entitled to the “companionship” of his partner.
“No one has the right to interfere in the personal freedom of two adults, nor can the parents of two adults interfere in their relationship, but the right to freedom or the right to personal freedom is not absolute or unlimited: it is also qualified by certain restrictions. The freedom of one person ends where the legal right of another begins,” the court said in its judgment on Tuesday.
The judgment emphasized that the freedom of one individual cannot interfere with or override the established legal rights of another.
“If the petitioners are already married and their spouse is alive, he/she cannot legally be permitted to enter into a live-in relationship with a third person without seeking divorce from the previous spouse,” the Allahabad High Court said.
Since the previous marriage remained legally intact, the court found the current living arrangement ineligible for judicial protection.
Necessary divorce of marriage
The court refused to issue any protective orders and confirmed that individuals must follow the legal process of annulment before seeking court approval or protection for a new partnership.
Adults in a live-in relationship are entitled to life protection, says HC
The Allahabad High Court ordered police protection for 12 live-in couples who said they faced threats from their families and lack of support from local law enforcement agencies. Justice Vivek Kumar Singh issued a directive confirming that consenting adults in such arrangements are entitled to state protection of their lives and personal liberty.
Addressing the surge in such petitions in his ruling, Justice Singh noted that many couples felt compelled to seek judicial intervention only after the district police failed to respond to their complaints. The court emphasized several legal principles. The court clarified that the central issue is the constitutional protection of adults, not social recognition.
While segments of society may find live-in relationships uncomfortable, the court ruled that personal morality does not override legal rights.
The judgment reaffirmed that once an individual reaches the age of majority, he has the legal autonomy to decide his residence and choose his partner without interference.
The judgment emphasized that live-in relationships are not prohibited by law and the state has a duty to protect the fundamental rights of those who choose to have them.
On the question of whether the absence of a formal marriage affects constitutional protection, the court ruled: “The right to human life is to be judged on a much higher pedestal, irrespective of whether a citizen is a minor or an elder, married or unmarried. The mere fact that the petitioners are not married would not deprive them of their fundamental rights as envisaged by the Constitution of India as citizens of India.”
“Once an individual who is a major has chosen their partner, it is not up to any other person, be it a family member, to object and prevent their peaceful existence,” it said.
