Court rules on Live-In Relationship

The Punjab and Haryana High Court has determined that a man engaging in a “lustful and adulterous life” with a woman while still legally married to another cannot be considered to be in a “live-in relationship” or a “relationship in the nature of marriage.”

Justice Kuldeep Tiwari, sitting as a single judge, rejected the petition of a couple from Punjab seeking protection for their lives and liberty.

The petitioners claimed they were in a “live-in relationship” that had caused distress to the woman’s family, leading to threats of harm. During the hearing, the court noted that the woman involved in the “live-in relationship” was unmarried, while the man was married and living separately from his wife due to strained relations. The man had two children with his wife, who lived with their mother.

The court emphasized that, without obtaining a valid divorce decree from his previous spouse and during the existence of his earlier marriage, the man was engaged in an “adulterous life” with the woman. This, the court pointed out, might constitute an offense under Sections 494/495 of the Indian Penal Code (IPC). Consequently, the court concluded that such a relationship does not fall under the categories of “live-in relationship” or “relationship in the nature of marriage.”

The court also found the allegations of threats to life to be “bald and vague,” noting the absence of supporting material or specific instances of threats. The court expressed skepticism about the true intent behind the petition, suggesting it might be an attempt to avoid criminal prosecution for adultery.

Consequently, the court dismissed the petition, stating, “This Court finds no concrete ground to grant the asked-for relief(s), which are consequently negated. Therefore, the instant petition is hereby dismissed.”

_{Repurposed article originally published in the Indian Express}