Allahabad HC denies granting protection to live-in couple, says woman still married
Prayagraj(UP), Nov 15 (PTI) The Allahabad High Court has refused to grant protection to a live-in couple, noting that the woman was still married to another man and the “freedom of one person cannot encroach or outweigh the legal right of another”.
Justice Vivek Kumar Singh, while dismissing the writ petition, said no law-abiding citizen, who is already married under the Hindu Marriage Act, can seek court protection for an illicit relationship which is not within the purview of the social fabric of this country.
In its November 7 order, the high court said that directing the police to grant protection to them “may indirectly give our assent to such illicit relations”.
The petition was filed by one Sonam and her live-in partner, seeking protection and to restrain the police and the woman’s husband from interfering in their peaceful life.
While hearing the plea, the court observed that while no one can interfere in the lives of two adults, the Right to Freedom or Right to Personal Liberty is not an absolute or unfettered right, and the freedom of one person ends where the statutory right of another starts.
“A spouse has statutory right to enjoy the company of his or her counterpart and he/she cannot be deprived of that right for the sake of personal liberty and no such protection can be granted to infringe statutory right of the other spouse; hence, the freedom of one person cannot encroach or overweigh the legal right of another person,” it said.
The court also said that if the woman has any differences with her husband, she has to first get separated from her spouse as per the law.
“It is well settled in law that a writ of mandamus can not be issued contrary to law or to defeat a statutory provision, including a penal provision. The petitioners do not have a legally protected and judicially enforceable subsisting right to ask for mandamus,” it added. PTI COR RAJ NSD NSD
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