Allahabad High Court categorically refused to grant protection to a married woman and her partner living with another man; know the matter

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The Allahabad High Court has categorically refused to grant protection to a married woman and her partner who are living with another man. The court found that the woman was already married. The court stated that one person’s freedom cannot override or outweigh the legal rights of another person. The court stated that a person already married and law-abiding under the Hindu Marriage Act cannot seek protection from this court for an illicit relationship.

Woman and her partner filed a petition
Justice Vivek Kumar Singh, while dismissing the writ petition filed by a woman named Sonam and her partner, stated that although no person can interfere in the lives of two adult individuals, the right to freedom or personal liberty is not an absolute right, and one person’s right ends where the constitutional rights of another begin.

Right to live with one’s spouse – Court
The court stated that a husband or wife has the right to live with their spouse and cannot be deprived of that right to personal liberty, and that such protection cannot be granted to their spouse in violation of their constitutional right.

The woman and her partner sought protection from the court.
The court stated that therefore, one person’s freedom cannot infringe on another’s legal rights. In this case, the woman and her partner approached the court seeking to prevent the police and her husband from interfering in their peaceful lives and to provide them with protection.

Must seek divorce from husband – Court
The Uttar Pradesh government’s lawyer opposed the petition, arguing that the woman is already legally married and has not yet obtained a divorce from her husband. The court stated that if the woman has any disagreements with her husband, she must first obtain a divorce from him as required by law. In its decision on November 7, the court stated that directing the police to provide protection could indirectly constitute consent to an illicit relationship.