The Allahabad High Court ruled that a married person cannot enter a live-in relationship without first obtaining a legal divorce. The court said personal liberty is not absolute, holding freedom ends where statutory rights of another person begin.
The Allahabad High Court determined that a married individual cannot legally enter into a live-in relationship with another person without first securing a divorce decree. With this ruling, the court dismissed a writ petition seeking protection that was filed by a couple living together in such a relationship.
Justice Vivek Kumar Singh noted that the right to personal liberty is not absolute and cannot violate the legal rights of an existing spouse.
The couple had approached the court, claiming to be adults living together as husband and wife, and expressed concerns for their safety from the respondent.
Also Read: “Imported Philosophy & Stigma In Indian Culture”: HC on Live-in Relationships
In contrast, the state counsel argued against their petition, contending that the actions of the first petitioner are illegal since they are still married to Dinesh Kumar and have not finalized a divorce.
In the judgment delivered, the court stated,
“No one has the right to interfere in the personal liberty of the two adults, not even the parents of two adults can interfere in their relationship, but the Right to Freedom or Right to Personal Liberty is not absolute or unfettered: it is qualified by some restrictions also. The freedom of one person extincts where the statutory right of another person starts.”
The court emphasized that a spouse has the legal right to companionship, which cannot be compromised for the sake of another’s personal liberty.
Also Read: Uttarakhand’s Uniform Civil Code | Only One Live-In Relationship Registered in 10 Days
It concluded that one person’s freedom cannot override the established legal rights of another.
The court stated,
“If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into a live-in relationship with a third person without seeking divorce from the earlier spouse,”
Consequently, the court expressed its refusal to issue any writ, order, or directive to provide protection to the petitioners engaged in a live-in relationship without having obtained a divorce from a competent court.
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