Sunita & Anr. v. State of UP & 3 Others

Writ Petition(c) 2723 of 2023

Before Allahabad High Court

Writ Petition was dismissed by Hon’ble Mrs Justice Renu Agarwal J

on 25.04.2023

Fact:

This is one such case where Petitioner, Aneeta a 37-year-old married woman has filed this Writ Petition before the Allahabad High Court seeking Writ of Mandamus against his husband (Respondent) for not disturbing their peaceful living in a Live-in-relationship.

Argument of the Petitioner’s Advocate:

Petitioner is Major & had voluntarily entered into Live-in-relationship with the Petitioner No.2 since 2015.

As such there is danger to their life from Respondent husband.

Wherefore, Court may give them the protection.

Observation of the Court:

It is not against live-in-relationship but it will certainly not allow illicit relationship which is not within the social fabric of this country.

Directing the police to grant protection to them may indirectly give our assent to such illicit relations.

It is not proper to permit the parties to such illegality as tomorrow petitioners may convey that Court had sanctified their illicit relations.

No law-abiding citizen who is already married under the Hindu Marriage Act can seek protection of this Court for illicit relationship.

The sanctity of marriage pre-supposes divorce.

Decision: Writ Petition is dismissed. Live-in-relationship cannot be at the cost of social