No Seal of Court on Adulterous Conduct – High Court Dismisses Plea for Protection in Live-in Relationship

In a significant ruling, the High Court of Punjab and Haryana at Chandigarh, presided over by Hon’ble Mr. Justice Kuldeep Tiwari, dismissed a petition seeking protection for a couple in a live-in relationship. The court notably stated that it will not “obliquely obtain the seal of this Court on their conduct,” highlighting the legal complexities surrounding live-in relationships and adultery.

The petition, filed under Article 226 of the Constitution of India, sought protection of life and liberty against threats from family members. The petitioners, Reena Devi and another, claimed they were living together since September 2023 and faced threats from the family of petitioner No.1. However, the court found the allegations to be unsubstantiated by convincing evidence.

Justice Tiwari critically observed that petitioner No.2, who is still legally married and in the midst of a divorce case, is living a “lustful and adulterous life” with petitioner No.1. This relationship potentially falls under the ambit of Sections 494/495 of the IPC, governing adultery.

The judgment emphasized the lack of convincing material supporting the petitioners’ allegations of threats. The court remarked, “Such bald and vague allegations cannot be readily and naively accepted,” indicating a stringent approach towards claims lacking substantial evidence.

The case underscores the legal scrutiny live-in relationships undergo, especially involving individuals still legally married. The court’s decision to dismiss the petition reflects its stance on not endorsing relationships that might contravene existing laws on adultery.

Mr. Virender Singh, advocate for the petitioners, represented their case but was unable to sway the court’s opinion, leading to the dismissal of the petition.

This judgment is expected to have significant implications for similar cases involving live-in relationships and the legal boundaries of personal liberty and societal norms.

Date of Decision:November 06, 2023

REENA DEVI AND ANR   VS STATE OF PUNJAB AND OTHERS