One’s choice to live outside wedlock does not mean that married persons are free to live in live-in relationship with others during subsistence of marriage – Punjab and Haryana High Court

Case Details:
Case No.: CRWP-9114-2023
Bench: Hon’ble Alok Jain, J.

Hon’ble Punjab and Haryana High Court recently imposed costs on the married petitioners in live-in-relationship who have approached the court for protection of life and liberty at the hands of private respondents.

The Court observed that both the petitioners were married to other persons and both were having children and without dissolving their respective marriage, they have entered into live-in-relationship with each other.

The Court also observed that the threat perception narrated is vague and evasive and it apparently seems that the wife of the petitioner no.2 caught the petitioners in the promiscuous relationship, which cannot be considered as a threat.

The Court observed further that the present petition is an abuse of process of law to cover-up the illicit relationship of the petitioners on being caught and there is no threat perception as such.

The Court further observed that one’s choice to live outside wedlock does not mean that married persons are free to live in live-in-relationship with other during subsistence of marriage, as it would amount to transgressing the valid legal framework. Filing of this writ petition appears to be a device adopted to have a seal and signature of this Court on the illegal act of the petitioners’ violating the norms of pious institution of marriage. There is no factual foundation supported with material to inspire confidence that it is a case of violation of one’s fundamental right under Article 21 of the Constitution of India.

The thus dismissed the petition and imposed costs on the petitioners.