If Spouse Alive, No Remarriage Or Live-ins without Divorce under Hindu Law: Allahabad HC – News18

Reported By: Salil Tiwari

Reported By: Salil Tiwari

Last Updated: March 14, 2024, 05:16 IST

The order was handed in a writ petition moved below Article 226 of the Constitution by the live-in couple, looking for safety of their life and liberty.
(Representational picture)

The court docket refused safety to a live-in couple already married to different folks, stating that endorsing such relationships would disrupt societal order

The Allahabad High Court lately refused to permit a safety plea filed by a pair in a live-in relationship, noting that each had been already married to different people and there was nothing on document to indicate their divorce from their respective spouses.

The bench of Justice Renu Agarwal stated that the court docket can not assist such relationships which are in contravention of legislation and warned that endorsing them would disrupt societal order.

“As per the Hindu Marriage Act, if the spouse of a person is alive or before obtaining a decree of divorce, a person cannot get married to another person,” the court docket underscored.

It added that “if such type of relationship gets the support of court, it will create chaos in the society and destroy the social fabric of the country”.

The order was handed in a writ petition moved below Article 226 of the Constitution by the live-in couple, looking for safety of their life and liberty.

During the proceedings, the legally wedded spouse of the male associate appeared by way of her counsel who produced her Aadhaar card that confirmed the person’s title as her husband, confirming their marriage.

Additionally, an software submitted by the girl within the live-in relationship to the superintendent of police of the involved space was additionally positioned earlier than the court docket during which she had admitted her authorized marriage to a different man.

The bench additionally famous from an affidavit accompanying the writ petition that the girl had two youngsters along with her legally wedded husband. However, there was no proof of her acquiring a divorce decree from an applicable court docket.

Consequently, the HC deemed the couple’s live-in association illegal and dismissed their safety plea as meritless.

The court docket additionally imposed a price of Rs 2,000 on the petitioners to be deposited to the Allahabad High Court Mediation and Conciliation Centre.

Salil TiwariSalil Tiwari, Senior Special Correspondent at Lawbeat, stories on the Allahabad High Court and courts in Uttar Pradesh, nevertheless, she additionally writes on im…Read More

Source: www.news18.com

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