Allahabad High Court Rejects Protection Plea for Married Muslim Woman and Hindu Live-in Partner

In a recent ruling, the Allahabad High Court dismissed the protection plea filed by a 26-year-old Muslim woman and her 25-year-old Hindu live-in partner. The court, presided over by Justice Renu Agarwal, cited the woman's existing legal marriage and the absence of evidence of divorce as grounds for denying protection to the couple. The court went further, asserting that "such type of illegal relationship need not be protected by the court" and imposed a fine of Rs 2,000 on the live-in couple.

The woman, in her plea, argued that she and her live-in partner were adults and living together by choice. She disclosed that she had left her husband's house, along with her five-year-old daughter, due to his habitual drinking and regular assaults. Despite complaining to her parents, no action was taken, prompting her to choose to live with her live-in partner voluntarily.

The petitioners contended that the woman's husband posed a threat to their relationship, leading them to seek protection from the court. The woman claimed to have approached the Aligarh police superintendent for protection, but no relief was provided. Subsequently, they approached the court, urging it to restrain the woman's husband from interfering in their lives.

The court, however, maintained that it could not protect a relationship not supported by law. It emphasized that granting protection to such illegal relationships could lead to chaos in society. The judgment noted that the woman had left her husband's house without any reasonable cause, and she had not obtained a divorce, making her living arrangement with her live-in partner tantamount to adultery.

The state government's standing counsel argued that the woman remained legally wedded to her husband as no divorce had been obtained. The court's decision underscores the significance of legal considerations in relationships and sets a precedent against protecting unions deemed illegal under existing laws.