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Married woman living with another sans divorce not entitled for protection: HC

If a married woman is living in with another person without divorcing her husband, they are not entitled to protection, the Allahabad high court has said and ruled it constitutes an offence. “Such a relationship does not fall within the [ambit] …of a live-in-relationship or relationship in the nature of marriage,” a bench comprising justices SP Kesarwani and YK Srivastava ruled.

The bench’s observation came as it dismissed a petition of a live-in couple, who had moved the court saying they are adults, live as “husband and wife” and no one should interfere in their lives.

 

“The writ petition has been filed by the petitioners for protection from interference by others in their living as husband and wife. If the protection as prayed is granted, it may amount to grant protection against the commission of offences…” The bench said the petitioners have no legal right for protection. “…on the facts of the present case inasmuch as such the protection as being asked, may amount to protection against the commission of offence… It is a well-settled law that writ of mandamus cannot be issued contrary to law or to defeat a statutory provision, including penal provision. The petitioners do not have legally protected and judicially enforceable subsisting right to ask for mandamus.”

 

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