The Allahabad High Court, while dismissing a petition seeking protection by two married individuals staying in a live-in relationship observed that it cannot support such type of relationship which is in contravention of the law and if such type of relationship gets the support of the Court, it will create chaos in the society and will destroy the social fabric of our country.
Brief Facts:
The present petition was filed under Article 226 of the constitution with prayer for issuing the writ, order or direction in the nature of mandamus the respondents to protect the life and liberty of the petitioners, two married individuals staying in a live-in relationship.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that petitioner No. 2 has already been married to his client Anita Kumari and the same was proved by showing her Aadhar Card in which the name of petitioner No. 2 is shown as the husband Anita Kumari. It was further submitted by the Standing Counsel that petitioner No. 1 is also the legally wedded wife of one Pushpendra Kumar and thus both the petitioners are married.
Observations of the court:
The court referred to the affidavit produced in support of the writ petition and noted that it is clear that petitioner No. 1 performed her matrimonial duties with respondent No. 4 and from wedlock of petitioner No. 1 and respondent No.4 two children have been born and there is nothing on record to show that the petitioner No. 1 has obtained a decree of divorce from the court of competent jurisdiction, thus, the petitioner No. 1 is still the wife of the aforesaid Pushpendra. It was noted by the court that at this stage both the petitioners were already married to someone else and had not obtained a divorce from their respective spouses.
The court further stated that it cannot support such type of relationship which is in contravention of the law and as per the Hindu Marriage Act, if the spouse of a person is alive or before obtaining a decree of divorce a person cannot get married with another person and if such type of relationship gets the support of Court, it will create chaos in the society and will destroy the social fabric of our country.
The decision of the Court:
The court dismissed the writ petition and imposed a cost of Rs. 2000.
Case Title: Pooja Kumari and Anr. vs State of U.P. and Ors.
Coram: Hon’ble Mrs. Justice Renu Agarwal
Case No.: WRIT - C No. - 33619 of 2023
Advocate for the Petitioner: Ramesh Kumar Singh
Advocate for the Respondent: CSC, Ram Mohan
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