In a significant ruling, the Punjab and Haryana High Court has declared that a live-in relationship without obtaining a divorce from a previous marriage constitutes an offense of bigamy, punishable under Sections 494 and 495 of the Indian Penal Code (IPC). This decision marks a crucial standpoint in the interpretation of marital laws and relationships in India.
Justice Kuldeep Tiwari, presiding over the case, stated,
“without obtaining any valid decree of divorce from his earlier spouse and during the subsistence of his earlier marriage, the petitioner No.2 is living a lustful and adulterous life with the petitioner No.1, which may constitute an offense punishable under Sections 494/495 of the IPC, as such a relationship does not fall within the phrase of ‘live-in relationship’ or ‘relationship’ in the nature of marriage.”
The case emerged from a writ petition filed by a couple in a live-in relationship seeking police protection against alleged threats from the woman’s relatives. The couple claimed they had been in a live-in relationship since September, and while the man’s family had accepted their relationship, the woman’s relatives opposed it and allegedly threatened them.
During the hearing, it was revealed that the male petitioner was already married and had a daughter. The court noted,
“Moreover, though the factum qua institution of a divorce case inter se petitioner No.2 and his wife, before the learned Family Court, Patiala, has been recorded in the petition, however, the ultimate fate of that divorce case remains undisclosed in the petition, which impels this Court to draw an inference that the said divorce case is yet subjudice.”
Also read- India Eases Passport Rules For Transgender Post-Sex Change (lawchakra.in)
The court dismissed the petition, citing the lack of substantial evidence to support the couple’s claims of threats. Justice Tiwari remarked,
“It appears that in order to avoid any criminal prosecution in case of adultery, the present petition has been instituted. To the judicial mind of this Court, under the guise of invocation of the writ jurisdiction of this Court, the hidden intent of the petitioners is just to obliquely obtain the seal of this Court on their conduct.”
This ruling underscores the legal implications of engaging in a live-in relationship without legally dissolving a previous marriage, highlighting the court’s stance on upholding the sanctity and legal framework of marital bonds in India.