If Spouse Alive, No Remarriage Or Live-ins without Divorce under Hindu Law: Allahabad HC – News18

The Allahabad High Court recently refused to allow a protection plea filed by a couple in a live-in relationship, noting that both were already married to other individuals and there was nothing on record to show their divorce from their respective spouses.

The bench of Justice Renu Agarwal said that the court cannot support such relationships that are in contravention of law and warned that endorsing them would disrupt societal order.

“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 to another person,” the court underscored.

It added that “if such type of relationship gets the support of court, it will create chaos in the society and destroy the social fabric of the country”.

The order was passed in a writ petition moved under Article 226 of the Constitution by the live-in couple, seeking protection of their life and liberty.

During the proceedings, the legally wedded wife of the male partner appeared through her counsel who produced her Aadhaar card that showed the man’s name as her husband, confirming their marriage.

Additionally, an application submitted by the woman in the live-in relationship to the superintendent of police of the concerned area was also placed before the court in which she had admitted her legal marriage to another man.

The bench also noted from an affidavit accompanying the writ petition that the woman had two children with her legally wedded husband. However, there was no evidence of her obtaining a divorce decree from an appropriate court.

Consequently, the HC deemed the couple’s live-in arrangement unlawful and dismissed their protection plea as meritless.

The court also imposed a cost of Rs 2,000 on the petitioners to be deposited to the Allahabad High Court Mediation and Conciliation Centre.