The petitioners argued that they were in a ‘live-in relationship’, prompting the woman’s family to complain and threaten to kill them.
During the hearing, the court said that the woman in a ‘live-in relationship’ is unmarried, while the man is married and separated from his wife due to strained relationship.
A man and his wife in a ‘live-in relationship’ have two children, who live with their mother.
The court said, “Without obtaining any valid (court) decree of divorce from his first spouse and during the maintenance of his previous marriage, petitioner No. 2 (a man living in a live-in relationship), petitioner No. a lascivious leading and adulterous life with 1 (A woman in a live-in relationship).
The High Court said that this could be a punishable offense under Sections 494/495 of the IPC (Indian Penal Code), as such a relationship does not fall within the category of marriage.
The court also found that the allegations of endangerment to life were minor and vague.
The court said that the petitioner has not placed any material on record to support the allegations and has not made available a single instance of the modus operandi of the threats.
“In this light, it appears that the present petition has been filed to avoid any criminal action in the adultery case,” it said. The Court is of the view that under the guise of its writ jurisdiction, the petitioners’ ulterior motive is to seek its (the Court’s) stamp of approval on their conduct.
The Court held that this Court has not found any solid basis for granting the relief, hence this petition is dismissed.
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