Dealing with a plea of the Petitioners (Woman-Man) who sought the protection of life and liberty, the Rajasthan High Court, after noting that Petitioner No. 2 (Man) was already married, ruled that:
“A live-in-relationship between a married and unmarried person is not permissible.”
The Bench of Justice Pankaj Bhandari was hearing the plea of a Woman aged 29 and a Man aged 31, who sought the protection of life and liberty.The Court further observed that the pre-requisites for a live-in-relationship as held by the Apex Court in D.Velusamy vs. D. Patchaiammal (2010) 10 SCC 469 is:
That the couple must hold themselves out to society as being akin to spouses, and;
Must be of legal age to marry or qualified to enter into a legal marriage, including being unmarried.Without obtaining divorce you cannot lead matrimonial life with another woman. It amounts to offence and your wife will file a case against your for bigamy. First of all, you must file a petition for grant of order of divorce in a competent court of law.
The Punjab & Haryana High Court had directed SSP, Faridkot to look into the grievance of an already married woman and an unmarried man living together in a live-in relationship and seeking protection of life and liberty against private parties.
The Bench of Justice Vivek Puri disposed of their (Couple’s) plea with a direction to the Senior Superintendent of Police, Faridkot to look into the grievance of the petitioners (married woman and unmarried man) as projected in their representation.
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