CHANDIGARH: The Punjab and Haryana high court has held that a couple living together without divorcing the earlier spouse does not fall within the definition of “live-in relationship” or ties in the “nature of marriage”. The court also said it constitutes an offence of bigamy under Sections 494/495 of the IPC.
“On the face of the above, it appears that in order to avoid any criminal prosecution in case of adultery, the present petition has been instituted…the hidden intent of the petitioners is just to obliquely obtain the seal of this court on their conduct,” observed the HC. JusticeKuldeep Tiwari of the HC has passed these orders while dismissing a petition filed by a runaway couple from Punjab seeking security from the court.
The petitioner had informed the court that both the petitioners have attained the age of majority, as the female partner was born in January 2002 and the male in April 1996.
It was stated by the couple that they have been in a ‘live-in relationship’ since September 2023 and though their relationship has been accepted by the family members of the male partner, the female partner’s kin were against the relationship and had threatened to kill them.
This made them apprehensive of the danger to their lives and liberty and constrained them to approach HC seeking protection of their lives and liberty.
During the hearing, the bench noticed that the male partner was not only married but had a 2-year-old girl child and had not been granted divorce by any court from his life partner.
While refusing to grant any relief of protection to the couple, the HC observed, “Without obtaining any valid decree of divorce from his earlier spouse and during subsistence of his earlier marriage, the petitioner No.2 (male partner) is living a lustful and adulterous life with the petitioner No.1 (female partner), which may constitute an offence punishable under Sections 494/495 (bigamy) of the IPC…,” observed the HC.
The court also found the allegations of threat to life as “bald and vague”.