Rajasthan High Court Bench comprising Justice Satish Kumar Sharma while dealing with the protection plea of Widow and her partner who was married denied police protection to the Widow and stated that their relationship does not fall under the ambit of live-in relationships and highlighted these relationships as "Purely Illegal" And Anti-Social.
Background of the case
In the present case Petitioner was the widow who after the death of her husband was left with three children. She claimed that she married the man in June 2022, as per Hindu rites and rituals who was already married but was living separately from her wife.
It was alleged that Petitioners were living happily together after their marriage. Petitioner was being harassed by the Respondents and family members. so, she sought Police Protection for herself and her partner in the present Plea.
Observation of the Court
The court in the present case took into consideration the issue of the Petitioner and noted that her marriage is void ab initio because the man is already married and his marriage still exists.
Court noted that Petitioner being a widow married to a married man which in the case leads to marriages as void ab initio.
Bench relied upon Allahabad High Court's 'Social Fabric' ruling in which the High Court had observed that live-in-relationships cannot be at the cost of the social fabric of this country and that without obtaining a divorce, a spouse is not entitled to protection qua a relationship with another person.
It was also taken into consideration that 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.
The court observed that,
"Giving them the police protection would be recognizing their illegal relations and indirectly consenting to such illegal relations, which is not lawful, hence the request for police protection is rejected."
Moreover, the Court, while dismissing their plea, granted them the liberty to file a report in the concerned police station as per law, if any offense is committed against them.
Case Details
Case title: Seema Devi and Another v. State of Rajasthan and Others
Bench: Justice Satish Kumar Sharma
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