Personal Liberty Has Limits: Allahabad High Court Bars Live-In Relationships Without Divorce From Existing Spouse

By Rajesh Pandey

In a significant ruling that draws a clear legal boundary between personal freedom and statutory marital rights, the Allahabad High Court has held that a married person cannot legally enter into a live-in relationship with a third party without first obtaining a decree of divorce from their existing spouse.

Making this observation, the court dismissed a writ petition filed by a couple seeking protection while living together in a live-in relationship.

The judgment was delivered by Justice Vivek Kumar Singh, who emphasised that while the Constitution protects personal liberty, such freedom is neither absolute nor unfettered.

It cannot be exercised in a manner that infringes upon the legally protected rights of another person, particularly the rights arising out of a valid marriage.

The petitioners had approached the High Court claiming that they were adults living together as husband and wife of their own free will.

They sought protection from the court, stating that they apprehended a threat to their lives from the respondents and others opposed to their relationship.

Opposing the plea, the counsel for the State argued that the relationship itself was illegal, as the first petitioner was already married to one Dinesh Kumar and had not obtained a decree of divorce from a competent court.

The State submitted that extending protection to such a relationship would amount to endorsing a violation of marital law and the statutory rights of the lawful spouse.

While deciding the matter, the court reiterated an important legal principle: no one—including parents—has the right to interfere in the personal liberty of two consenting adults.

However, Justice Singh clarified that this principle operates within the framework of law and cannot override existing legal obligations.

“The right to freedom or personal liberty is not an absolute right,” the court observed. “It is subject to reasonable restrictions. The freedom of one person ends where the statutory right of another person begins.”

The court further underscored that a legally wedded spouse has a statutory right to the companionship of their husband or wife, and this right cannot be taken away in the name of personal liberty.

Granting protection to a live-in relationship involving a married person would directly infringe upon the lawful rights of the existing spouse, which the court cannot permit.

“A spouse has a statutory right to enjoy the company of his or her counterpart,” the judgment noted. “He or she cannot be deprived of that right for the sake of another person’s personal liberty.

The freedom of one individual cannot encroach upon or outweigh the legal rights of another.”

The High Court categorically ruled that if a person is already married and their spouse is alive, they cannot legally enter into a live-in relationship with a third person without first seeking and obtaining a divorce in accordance with law.

In its judgment dated December 16, the court concluded that it was not inclined to issue any writ, order or direction-like mandamus to grant protection to the petitioners, as their live-in relationship was being carried on without dissolving the earlier marriage through a lawful divorce decree.

The ruling reinforces the legal position that while adult relationships are entitled to privacy and autonomy, such freedoms cannot be used to bypass or undermine statutory marital obligations recognised under Indian law.

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