'No Shield for Adultery: HC refuses Protection to Married Individuals in Live-In Relationships

Recently, the Allahabad High Court stepped in to examine whether individuals already bound by a subsisting marriage can claim legal protection for a live-in relationship with another partner. The Court scrutinised the interplay between individual freedom and the statutory rights of a lawful spouse, signalling that personal liberty cannot be used to override existing legal obligations.

The controversy began when a couple approached the Court seeking protection from alleged threats, claiming that they were living together as husband and wife. Counsel for the petitioners argued that as consenting adults, they were entitled to live together without interference and that their right to life and personal liberty under Article 21 of the Constitution of India must be safeguarded. However, the State opposed the plea, pointing out that both individuals were already married and had not obtained a decree of divorce, rendering their relationship legally impermissible and potentially falling within the ambit of offences under Sections 494 and 495 of the IPC.

Justice Vivek Kumar Singh, while examining the issue, drew a clear distinction between personal liberty and statutory rights arising out of marriage. The Court held, “If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into live-in relationship with a third person without seeking divorce from the earlier spouse.” The Court emphasised that while adults are free to choose their partners, such freedom is not absolute and must yield where it infringes upon the legally protected rights of a spouse. It further noted that granting protection in such circumstances would effectively amount to shielding conduct that may constitute a penal offence, which is impermissible in law.

Consequently, the Court declined to issue any direction for protection and disposed of the writ petition, leaving it open for the petitioners to seek assistance from police authorities in case of any threat to life or safety.

Case Title: Smt. Anju and Anr vs. State of U.P. and Ors

Case No.: WRIT - C No. - 10593 of 2026

Coram: Hon'ble Justice Vivek Kumar Singh

Advocate for the Petitioner: Pankaj Kumar Tripath

Advocate for the Respondent: C.S.C

Read Judgment @Latestlaws.com