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"She Hasn't Even Filed Divorce Plea": Allahabad HC Dismisses Plea of Woman In Live-In Relation Seeking Protection Against Husband

Sparsh Upadhyay
23 Jun 2021 4:04 PM GMT
She Hasnt Even Filed Divorce Plea: Allahabad HC Dismisses Plea of Woman In Live-In Relation Seeking Protection Against Husband
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The Allahabad High Court on Monday dismissed a protection plea of a woman in a live-in relationship who alleged that she left her matrimonial house in view of the anti-social activities of his husband and is now living with one Mohit in a live-in relationship.The Bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) was hearing the plea of a woman who sought protection...

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The Allahabad High Court on Monday dismissed a protection plea of a woman in a live-in relationship who alleged that she left her matrimonial house in view of the anti-social activities of his husband and is now living with one Mohit in a live-in relationship.

The Bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) was hearing the plea of a woman who sought protection from her husband.

In her plea, she asserted that a representation/application had been moved by her before the Chairman, Human Rights Commission, New Delhi, seeking protection from her husband.

However, the Court noted:

"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."

In view of the said admitted fact, the Court remarked:

"The vague plea in the writ petition that the respondent No. 4, husband of the petitioner, is harassing her, cannot be entertained."

With this, her petition was dismissed.

Recently, the Punjab & Haryana High Court questioned a man as to why he didn't legitimately end his matrimonial alliance from his wife, after he (and his female live-in partner) filed a protection plea and claimed that he has been compelled to provide motherly care to his children since his wife has deserted him.

The Bench of Justice Arun Monga observed that his inaction to legitimately end his matrimonial alliance from the biological mother of his children, indicating a lack of bona fides on his part.

However, in order to avoid any possibility of the female partner being put to any unnecessary perils and/or having been misled by the Man, the Court ordered protection to the female live-in partner (petitioner number 2/a widow).
"It would be a travesty of justice in case she has to suffer any risk to her life and/or liberty and therefore, she deserves to be protected to that extent," said the Court.

Also, noting that the Woman is already married and is in a live-in relationship with another man, the Allahabad High Court recently dismissed her protection plea with 5k cost.

A Division Bench of Justice Kaushal Jayendra Thaker and Justice Dinesh Pathak observed that:

"We fail to understand how such a petition be allowed permitting illegality in the society."

However, later on, in what could be termed as a clarification, the Allahabad High Court had said that it is not against the live in relationships, but rejected a protection plea by a couple who wanted to live in relation as the plea was filed during the subsistence of marriage of one of the petitioners.

Case title - Surabhi v. State Of U.P. And 3 Others

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