Allahabad High Court denies protection to a married woman residing with live-in partner seeking protection without dissolving first marriage
Case details-
Case No.- Writ C No. 5589 of 2023
Bench- Hon’ble Ram Manohar Narayan Mishra, J.
The Hon’ble Allahabad High Court dismissed the plea of a married woman living in live-in relationship with her partner without dissolving her first marriage, seeking protection.
The petitioners submits that both are adult and are willing to solemnize their marriage as soon as the lady obtains divorce from her husband. The petitioners contended that they are apprehending danger to their lives and liberty from the husband of the lady.
The Court denied protection to the petitioners as the lady is legally wedded wife of someone else and will be treated as legally wedded wife of her first husband till she seeks dissolution of her marriage from a competent Court.
The Court also emphasized that it is well settled law that writ of mandamus can not be issued contrary to law or to defeat a statutory provision including penal provision. The petitioners thus have ne legal right to seek protection on the facts of the instant case.