Allahabad High Court Denies Relief to Married Woman Living with Live-In Partner Without Divorce: “No Legal Right To Seek Protection”
TITLE: Bharti And Another vs. State Of U P And 3 Others
DATED:18th july, 2023
WRIT – C No. – 5589 of 2023
CORAM: Hon’ble Ram Manohar Narayan Mishra,J.
Introduction.
Recently, the Allahabad High Court rejected a protection request made by a married woman and her live-in partner, noting that as the woman has not obtained a divorce, neither she nor her live-in boyfriend has the legal standing to request protection.
Analysis.
In light of the arguments advanced, the Court noted in its opening statement that the circumstances of the current case are fully covered by the judgement in the case of Asha Devi and Another vs. State of U.P. and Others 2020, which was handed down by the Allahabad High Court.
The Court further stated that because the woman is not found to have obtained a divorce from her husband, she will still be treated as the legally wedded wife of respondent No. 4, and the petitioners have no legal right to seek protection because the HC in the Asha Devi case had rejected the claim of a married woman and her live-in partner.
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Written by- Varada Hawaldar