Live-in Relationship Without Divorce From Previous Marriage Is Bigamy, Says Punjab And Haryana High Court (Image: Pixabay)

The Punjab and Haryana High Court have ruled that living together with another woman without obtaining a divorce from earlier spouse would be considered an offense of bigamy under Sections 494/495 of the Indian Penal Code. The High Court has also stated that such relationships do not come under the phrases of ‘live-in relationship’ or ‘relationship’ in the nature of marriage.

The court has made these significant observations in connection with a case involving a couple from Patiala, where the man, already married and a father to a two-year-old daughter, sought legal protection for their relationship. The couple, who had been in a ‘live-in relationship’ since September 2023, alleged that they were facing threats from relatives due to their relationship. In the petition, the couple stated that the male partner”s family had accepted their relationship; however, the female partner”s relatives were opposed to it and allegedly issued threats to harm her. Thus, the couple approached the High Court, seeking protection.

While considering this case, the bench headed by Justice Kuldeep Tiwari observed that the purpose of the petition was to avoid criminal prosecution for adultery. Notably, the court has also dismissed this petition and observed that the real intention of the couple behind this petition is to seek validation from the court for their actions. The High Court also added that the allegations raised by the couple are baseless and vague, and they cannot be accepted.