"Relationship 'in the nature of marriage' is recognised and not a simplicitor live-in relationship, the court observed."

The Allahabad High Court has refused to grant police protection to a live-in couple on the ground that one of them is married to another person and the marriage has not been dissolved by any competent court as on date.

The couple had approached the high court contending that one of them is already married against her wishes. They said they were having live in-relationship for the past five years, had eloped, and intend to marry, therefore, seek protection.

Referring to Indra Sharma vs. V.K.V. Sharma, Justice Suneet Kumar observed that under law, relationship 'in the nature of marriage' is recognised and not a simplicitor live-in relationship as held by the Supreme Court. “The relationship is adulterous for which the second petitioner can be prosecuted,” the court said terming their writ petition as ‘misconceived’.

The court said the ratio of Indra Sharma case squarely applies on the facts of the present case for the reason it is admitted and pleaded in the writ petition that the second petitioner entered into a relationship with the first petitioner, who is married, and her marriage has not been dissolved by any competent court as on date, therefore, such a relationship cannot be granted any protection.

Read the Judgment Here

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