The Allahabad Excessive Court docket has dismissed a plea filed by a married lady and her lover, who’re at present in a live-in-relationship and sought safety from her husband and household.
The courtroom additionally imposed a price of Rs 5,000 on them, observing that the lady is already married and in live-in-relationship with one other man, an act in opposition to the “mandate” of the Hindu Marriage Act.
“The Article 21 of the Constitution of India may permit a person to have own liberty but the liberty has to be within the ambit of law which applies to them,” stated a Division Bench of Justices Kaushal Jayendra Thaker and Dinesh Pathak whereas rejecting the petition on Tuesday.
“We fail to understand how such a petition be allowed permitting illegality in society,” stated the courtroom because the petitioners sought course to the lady’s husband and different members of the family to not intervene and disturb their peaceable live-in-relation by adopting coercive measures.
The courtroom, additional noting that the lady is the legally wedded spouse of one of many respondents within the case, remarked, “She has for whatever reasons decided to go away from her husband, can we permit them to live-in-relation under the guise of protection of life and liberty.”
The courtroom noticed that whether or not her husband had dedicated an act which could be stated to be an offence below Part 377 (unnatural offences) of the Indian Penal Code (IPC) for which she has by no means complained of, all these are disputed questions of reality.
There is no such thing as a FIR, it noticed.
The courtroom directed that the fee imposed on the petitioners shall be deposited by them with the Uttar Pradesh State Authorized Providers Authority.
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