The Allahabad High Court has delivered a stern reality check to married couples seeking judicial protection for “live-in” relationships.
The Court made it clear that personal liberty isn’t a license to bypass the law or trample on the legal rights of an existing spouse.
The Court observed that,
“The freedom of one person extincts where the statutory right of another person starts. A spouse has statutory right to enjoy the company of his or her counterpart and he/she cannot be deprived of that right for the sake of personal liberty……”
The ruling was given by Hon’ble Justice Vivek Kumar Singh, while dealing with a writ petition filed by Smt. Anju and her partner.
The duo had approached the Court asking for a mandamus to stop respondents from interfering in their “peaceful life.” The petitioners claimed they were living as husband and wife and feared for their lives due to threats from a relative.
However, the State’s Standing Counsel pulled the rug out from under their plea. He informed the Court that both petitioners were actually already married to other people.
Since they hadn’t bothered to get a legal decree of divorce from the competent court having jurisdiction, thus, their current arrangement was flagged as a violation of the law.
In this backdrop, the principal issue before the Court was whether a “mandamus”– a judicial command to perform a duty – could be issued to protect a relationship that essentially constitutes a criminal offense under the Indian Penal Code.
The Court’s reasoning was razor-sharp. While acknowledging that adults are free to choose their partners, Justice Singh noted that this right is not “unfettered.”
If a spouse is still alive and the marriage hasn’t been legally dissolved, entering a new relationship is legally prohibited.
The Bench relied on several prior judgments, including Asha Devi and Another vs. State of U.P. (2020) and Smt. Sonam and Another vs. State of U.P. (2025), to reiterate that such petitions deserve to be dismissed.
The Court went on to list specific relationships that simply don’t qualify for legal recognition as a “live-in” arrangement. This includes polygamy, bigamy, or maintaining an adulterous relationship while a first marriage still subsists.
The Court further submitted that,
“The petitioners have no legal right for protection… such protection as being asked, may amount to protection against commission of offence under Section 494/495 I.P.C. It is well settled law that writ of mandamus can not be issued contrary to law or to defeat a statutory provision including penal provision.”
Justice Singh highlighted that the petitioners didn’t produce a shred of evidence – like joint bank accounts, financial security, joint expenditure or shared property – to show they were truly “akin to spouse” rather than just evading legal obligations.
Ultimately, the High Court refused to shield the couple, stating that a writ cannot be used to “defeat a statutory provision.”
While the petition was disposed of, the Court noted that if the couple faces genuine physical violence, they can still approach the Senior Superintendent of Police/Superintendent of Police to secure their “life and limb.”
Case: Smt. Anju And Another vs State Of U.P. And 3 Others
Case No: Writ – C No. – 10593 of 2026
Date of Order: 20.03.2026
Status: Disposed of
