Live-in-relationship with married woman is adulterous, rules Allahabad HC

Allahabad: In an important judgement, the Allahabad High Court has held that if a married woman lives with an unmarried person and this fact is known to her live in partner, this relationship is adulterous and such a relationship cannot be termed as live-in-relationship, hence

they are not entitled to any protection under the law because this relationship would not be a relationship in the nature of marriage.

Dismissing the writ petition filed by one Kusum and her live-in-partner, Justice Suneet Kumar observed, “It is admitted that the first petitioner is already married and this fact is also known to the second petitioner, as such, the relationship is adulterous for which the second petitioner can be prosecuted. Under law relationship 'in the nature of marriage' is recognized and not a simplicitor live-in relationship as held by the Supreme Court in the case of Indra Sharma Vs. VKV Sharma”.

As per facts of the case, the first petitioner- Kusum was already married to one Sanjay Kumar, solemnized on May 30, 2016, which

according to her was against her wishes. The petitioners, who were having live in-relationship for the past five years, had eloped and

they intended to marry, therefore, sought protection. It was sought to be urged on behalf of the petitioners that though the first petitioner

was already married and her marriage subsisted in law, however, the petitioners have a right to live in-relationship, therefore, were

entitled to protection.

Rejecting their pleas, the court said that in the above case Indra Sharma of supreme court, the appellant (lady) had entered into the

relationship knowing fully well that the man is married and therefore the court declined to grant her any relief holding that the

relationship would not be a relationship in the nature of marriage.

Dismissing their writ petition, the court on November 9, 2016 gave this decision, holding that the ratio of Indra Sharma case squarely

applied on the facts of the present case for the reason it was admitted and pleaded in the writ petition that the second petitioner

entered into a relationship with the first petitioner who is married and her marriage had not been dissolved by any competent court as on

date, therefore, such a relationship cannot be granted any protection.