The Allahabad High Court, while giving a decision on live-in relationship, said that living like a husband and wife with a non-married person is a live in relationship, but it comes under the category of crime.
This order has been given by the bench of Justice SP Kesharwani and Justice Dr. YK Srivastava while rejecting the petition of Asha Devi and Arvind, resident of the Sasni police station area of Hathras district.
Asha Devi is married to Mahesh Chandra. Both are not divorced. But, the petitioner lives like a husband and wife with another man apart from her husband.
Asha Devi is the married to Mahesh Chandra. But Asha lives with Arvind as a wife apart from her husband. The court said that this is not a live-in relationship, but a crime of misconduct, for which male is a criminal.
The petitioner said that both of them are living in a live-in relationship. Protection should be provided from their family members. The court also said that it is a crime to convert to a live-in relationship with a married woman. A male criminal is an illegal criminal.
It is also a Crime to stay with a Married Person
The Allahabad High Court said that the mandate can be issued to enforce or protect legal rights and not to protect a criminal. If the offender has been ordered to be protected, then it will have to give protection to the criminal. The court cannot exercise its inherent powers against the law.
The man who is living in a live in relationship with a married woman will be guilty under Indian Penal Code 494 (second marriage while husband or wife is alive) and 495 (second marriage by hiding the marriage already done). Similarly, it is also a crime to stay with a other married person.
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