Married Individuals Cannot Enter Into Live-In Relationships With Other Persons
Amaravati: The High Court of Andhra Pradesh addressed a case involving a married individual who was in a live-in relationship with someone other than his spouse. While addressing the case, the court clarified that during the continuance or subsistence of marriage, an individual cannot enter into a live-in relationship with others.
The petitioner who filed the case was already married and had a child. Due to disagreements between the couple, he filed for divorce. However, during the pendency of the proceeding, he started living with a girl, who was an adult. The father of the girl, on coming to know, took her away because of this the petitioner approached the court stating that the girl had been forcibly taken and detained by her father against her will. He, further, asked the court to issue the writ of habeas corpus to release the girl so that she could come back to their live-in arrangement.
It is important to note that the law allows only unmarried individuals to choose their live-in partners. A married man or woman cannot enter into a live-in relationship during the continuance of the first marriage or without obtaining its dissolution as it will result in bigamy. Having more than one spouse at a time is illegal and is a punishable offence under Section 17 of the Hindu Marriage Act, 1955.
The Division Bench comprising Justice Ravi Nath Tilhari and Justice B.V.L.N Chakravarti dismissed the petition by stating that the petitioner was trying to legalize his illegal act by seeking approval from the Court. Moreover, the judges refused to encourage the release of the girl, although she was a major, from his parental home to continue to be a part of an illegal relationship. The court observed that:
“One’s choice to live outside wedlock does not mean that the married persons are free to live in live-in relationship with others outside wedlock during subsistence of marriage. That would be transgressing valid legal framework. The right to live out of wedlock is to be understood, living without solemnizing marriage, if they are major. They are not bound to marry each other. But that does not mean living in live-in relationship with others outside wedlock, during continuance of marriage.”
Along similar lines, the High Court of Punjab and Haryana called it a “classic case of an illicit relationship” and imposed a fine of Rs. 2500 on married individuals who have entered into live-in relationships and have approached the Court to seek police protection. The observation came in a plea filed by the couple seeking police protection from one of their spouses. The couple also had children from their respective spouses.
