The Allahabad High Court has given an important decision regarding the live-in relationship. The High Court said that if a married woman lives like a husband and wife with another man, it cannot be considered a live-in relationship. He is a criminal under Section 494/495 of the Indian Penal Code, married for living with another man or woman.
The Allahabad High Court held that the mandate can be issued to enforce or protect legal rights and not to protect a criminal. If the offender is ordered to be protected, it will be to protect the crime. The court cannot exercise its inherent powers against the law.
The order was passed by a division bench of Justice SP Kesharwani and Justice YK Srivastava while dismissing the petition of Asha Devi and Arvind, resident of Sasni police station area of Hathras district. Yachi Asha Devi is married to Mahesh Chandra. There is no divorce between the two. But, Yachty lives like a husband and wife with another man apart from her husband.
Yachty said that they are both living in a live-in relationship. They should be protected from family members. The court said that it is not a live-in relationship, but a crime of rape, for which the male is the culprit. The court said that it is also a crime to live in a live-in relationship with a married woman by doing religious conversion. For this, the male culprit is illegal. Such relations cannot be considered legal.
The court said that those who cannot legally marry, living in a live-in relationship, having a relationship with more than one spouse is also a crime. Such people cannot be protected from court.