The Allahabad High Court while dismissing a protection petition filed by a married woman and her live-in partner, said that the court could not protect such a type of relationship which is not supported by law.
If the court indulges in such types of cases and grants protection to illegal relationships, then it will create chaos in the society.
A Single Bench of Justice Renu Agarwal passed this order while hearing a petition filed by a live-in partner.
The petition under Article 226 of the Constitution has been filed by the petitioners with prayer for issuing writ, order or direction in the nature of mandamus commanding the respondents to not disturbed the marriage life of petitioners.
Counsel for the petitioners submitted that both the petitioners have attended the age of majority.
As per pan card the date of birth of petitioner no 1/Girl is 01.05.1997 and she is aged about more than 26 years. As per the high school certificate-cummarks sheet the date of birth of petitioner no 2/ Avnesh Kumar is 01.01.1999 and he is aged about more than 25 years.
It is submitted that petitioner no 1 belongs to Muslim community and petitioner no 2 belongs to Hindu community.
It is further submitted that petitioner no 1 earlier married with respondent no 5 Raju son of Rafiq, who is habitual drinker and regularly assaulted the petitioner no 1. Thereafter, petitioner no.1 informed her parents about the incident, however, they did not take any action against respondent no 5.
Therefore, she left the house of respondent no 5 and started to live with petitioner no 2 on her own free will in a live-in-relationship along with her 5 years old female child. The respondent no 5 is threatening the petitioners and disturbing their relationship.
It is also submitted that petitioner no 1 moved application before the Superintendent of Police, Aligarh for providing protection to their matrimonial life, but no protection was provided to them, hence they moved the petition seeking writ order or direction in the nature of mandamus to restrained the respondent nos 2 to 4 in interfering in the peaceful living of the petitioners.
On the other hand, Standing Counsel submitted that petitioner no 1 is already married to respondent no 5, she has not obtained any divorce decree from the competent court from respondent no.5 and started living with petitioner no 2 in adultery.
It is submitted that petitioner no 1 belongs to Muslim community and petitioner no 2 belongs to Hindu community and they have not complied with the provisions of sections 8 and 9 of Conversion Act, therefore, their relationship can not be protected by law.
“Perusal of record shows that in the case petitioner no 1 is the legally wedded wife of respondent no 5. There is no document on record to show that petitioner no 1 has obtained any decree of divorce from the court of competent jurisdiction, hence she is still the legally wedded wife of respondent no 5 and she is living in adultery with petitioner no 2. The court could not protect such a type of relationship which is not supported by law. If the court indulges in such types of cases and grants protection to illegal relationships, then it will create chaos in the society. The petitioner no 1 along with her 5 years old female child has left the house of her husband/respondent no 5 without any reasonable cause, hence such type of illegal relationship need not be protected by court. Therefore, the petitioners are not entitled to get any type of protection from the Court. The petition has no force and is liable to be dismissed with cost”, the Court observed.
Accordingly, the Court dismissed the petition with a cost of Rs 2000/- .