LI Network
Published on: November 15, 2023 at 16:43 IST
The Punjab & Haryana High Court has issued a cautionary statement, asserting that engaging in a live-in relationship without dissolving a previous marriage may be deemed as bigamy, violating Sections 494 and 495 of the Indian Penal Code (IPC).
Justice Kuldeep Tiwari delivered this opinion, emphasizing that living in a relationship without obtaining a valid divorce decree from the earlier spouse could constitute an offense punishable under the mentioned sections.
The court’s remarks were made in response to a writ petition filed by a live-in couple seeking police protection due to alleged threats from the woman’s relatives. The couple claimed to have been in a live-in relationship since September, which had been acknowledged by the man’s family but caused distress to the woman’s relatives.
Despite the couple’s plea for protection, the court observed that the man was already married and had a daughter with his wife. The court pointed out that although the petition mentioned the filing of a divorce case between the man and his wife before the Family Court in Patiala, the outcome of that case remained undisclosed, leading the court to infer that the divorce case was still pending.
Upon examination of the petition, the court concluded that it contained only “bald and vague allegations” regarding threats from the woman’s family.
The court noted the absence of supporting evidence and instances detailing the alleged threats, stating that such unsubstantiated claims could not be accepted without valid and convincing material.
Justice Tiwari highlighted a suspicion that the petition might have been filed to evade potential criminal prosecution for adultery. The court expressed the view that, under the guise of seeking the court’s intervention, the petitioners aimed to obtain approval for their conduct.
Consequently, the court dismissed the petition, emphasizing the need for concrete evidence to support allegations and discouraging attempts to misuse the judicial process.
Case Title: Reena Devi & And. v. State of Punjab & Ors
