The Allahabad High Court recently dismissed a live-in couple’s plea seeking protection after finding that the first marriage of the woman to another man still exists in the eyes of law.
The Court held that the live-in couple had no legal right to protection as the woman’s first marriage had not been legally dissolved.
On the other hand, the woman told the Court that her first marriage was dissolved through a mutual agreement made by a notary public.
Justice Ram Manohar Narayan Mishra, however, stated that no legal sanctity can be attached to such an agreement in the absence of an order by a competent court.
The Court said, “We find that petitioners have no legal right for protection in the facts of the present case as marriage of petitioner No. 1 [woman] with her previous husband is deemed to be subsisting under eye of law.”
The Court further said that petitioners will be free to approach concerned police officials or competent court in case they feel any danger on account of their relationship.
The Couple told the Court that they were presently living in a live-in relationship out of their own will and choice.
It was also told to the Court that the woman had voluntarily left her matrimonial home and dissolved her marriage through mutual agreement in September 2022 which was done before a notary public.
However, the State countered that the mode and manner of dissolution of her earlier marriage doesn’t have the sanctity of law since no competent court had given any order on the same, and also both the woman and her husband belong to the Hindu community.
The Court also said, “Although the petitioners are stated to have been living in live-in relationship being consenting adults, admittedly the marriage of petitioner No. 1 with her previous husband has not been dissolved by orders of any competent court and no sanctity can be attached to dissolution of marriage of petitioner No. 1 and her husband by way of mutual agreement executed before notary public.”
Advocate Mohd Hamid appeared for the petitioners. Standing Counsel Hasan Abbas represented the State.
Source: https://www.barandbench.com/news/allahabad-high-court-dismisses-live-in-couples-protection-plea-since-womans-first-marriage-was-yet-to-be-dissolved