"Live-In Partners Living Lustful & Adulterous Life Sans Obtaining Divorce From Their Spouses": P&H HC Dismisses Protection Plea

The Punjab & Haryana High Court recently dismissed a protection plea filed by a live-in couple observing that they both are in living a lustful and adulterous life with each other without obtaining a divorce from their respective spouses.

The Bench of Justice Arvind Singh Sangwan was dealing with a plea filed by a live-in couple who submitted that they both are in love with each other for the last so many years and are in a live-in relationship for the last one month.

Essentially, petitioner No. 1 (Kavita) is aged about 35 years and is married to respondent No. 4, whereas petitioner No. 2 (Angrez Singh) is aged about 32 years and is married to respondent No. 6.

The petitioners expressed apprehensions at the hands of "aforementioned persons", however, no such persons were named in their entire representation (addressed to Superintendent of Police, Kaithal) and nothing was stated as to from whom, they were apprehending threat.

The woman-petitioner submitted that she had filed a divorce petition, but the divorce has not been granted so far, however, perusing the petition, the Court noted that no date was given in the petition seeking divorce and no case number was mentioned on the said divorce petition.

On the face of it, the Court further observed thus:

"...both the petitioners, without seeking divorce from their respective spouses, i.e. respondent No. 4 and 6, respectively, are living a lustful and adulterous life with each other and have relied upon a totally vague document i.e. representation wherein it is nowhere stated that from whom, they are apprehending threat to their life and liberty.

In view of this, dismissing their plea, the Court noted thus:

"It is worth noticing here that in the absence of any allegation by not naming anyone in the representation, it cannot be presumed that both the petitioners have any apprehension from their own spouses and this petition has been filed just to obtain a seal of this Court on their so called live-inrelationship."

In related news, denying police protection to a widow, who was living with a married man, the Rajasthan High Court had recently observed that such a relationship between the petitioners doesn't come under the purview of a legal Live-in relationship and rather, such relationships are 'Purely Illegal' and 'Anti-Social'.

Observing that live-in-relationship cannot be at the cost of the social fabric of this Country¸the Allahabad High Court recently dismissed the protection plea of a married woman living with her partner with an exemplary cost of Rs.5,000.

Calling her live-in relationship with her partner an illicit relationship, the Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Subhash Chand had observed thus:

"Directing the police to grant protection to them may indirectly give our assent to such illicit relations"

However, the Punjab & Haryana High Court had expressed its disagreement with the Allahabad HC's and had held that no offence would be made out if being adults, two people are in a live-in relationship with each other, even though they are already married to someone else.

Case title - Kavita and another v. State of Haryana and others

Click Here To Download Order

Read Order