The Allahabad High Court has dismissed a plea filed by a married lady and her lover, who’re at the moment in a live-in-relationship and sought safety from her husband and household.
The court docket 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 towards 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,” mentioned 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,” mentioned the court docket because the petitioners sought route to the lady’s husband and different members of the family to not intrude and disturb their peaceable live-in-relation by adopting coercive measures.
The court docket, 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 court docket noticed that whether or not her husband had dedicated an act which could be mentioned to be an offence beneath Section 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 isn’t any FIR, it noticed.
The court docket directed that the fee imposed on the petitioners shall be deposited by them with the Uttar Pradesh State Legal Services Authority.
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