"CAN'T PERMIT ILLEGALITY" : ALLAHABAD HIGH COURT

17th June,2021

"CAN'T PERMIT ILLEGALITY" : ALLAHABAD HIGH COURT

The Allahabad High Court has dismissed a petition by a live-in couple seeking protection since the woman is married to someone else.
The Allahabad High Court refused protection to a live-in couple on Wednesday, citing the woman's marriage to another person as a reason for the Court's refusal to allow "illegality" (Smt. Geeta v. State of UP). While Article 21 of the Indian Constitution provides individuals liberty, such liberty must be within the scope of the law that applies to them, according to a Division Bench led by Justices Kaushal Jayendra Thaker and Dinesh Pathak. Can we allow them to live-in-relation under the guise of life protection because petitioner no. 1 is the legally wedded wife of respondent no. 5 and she has opted to go away from her husband for whatever reasons? It also asked if it could provide protection to persons who desire to do something that is seen to be outside the Hindu Marriage Act's mandate. “Can we provide protection to those who wish to engage in conduct that is considered to be in violation of the Hindu Marriage Act? “A person may have their own liberty under Article 21 of the Indian Constitution, but that liberty must be within the scope of the law that applies to them,” the court ruled. The petitioners had sought the Court to ask that the respondents (family members) refrain from interfering with and disrupting their quiet lives. The husband had also committed violations under Section 377 of the Indian Penal Code (unnatural offences), according to the petition. The court, on the other hand, noted that the woman had never made such a complaint and that no First Information Report had been filed in this regard. "All of these are disputed facts, including whether her spouse did an act that may be considered a crime under Section 377 I.P.C. for which she has never complained. There is no FIR in place "the Court remarked. The couple's appeal was thus dismissed by the court, with costs of Rs. 5,000 to be paid to the Uttar Pradesh State Legal Services Authority.