Married man, woman having an affair seek protection; court's reply
The Punjab and Haryana High Court has ruled against providing protection to married individuals who engage in live-in relationships with other partners. The court stated that such protection would be akin to promoting bigamy. This decision was made in response to several petitions, including one filed by a 40-year-old divorced woman and a 44-year-old married man. The couple, both parents, had sought directions to protect their life and liberty, and to prevent their family members from interfering in their relationship.
Court highlights impact on family honor and dignity
Justice Sandeep Moudgil, presiding over the matter, noted that such couples not only damage their families' reputations but also infringe on their parents' right to live with dignity and honor. The court also stated that not all live-in relationships equate to marriages. And if the court decides that the relationship between the petitioners is in the nature of a marriage, it would be an injustice to the man's wife and children, it stated.
Court expresses concern over marriage equivalence
It emphasized that marriage carries public significance and moral and legal obligations, particularly the reciprocal duty of support between spouses and their joint responsibility for raising children born within wedlock. The court further noted that under Article 21 of the Indian Constitution, every individual has a right to live with peace, dignity, and honor. By allowing such petitions, the court stated it would indirectly endorse bigamy, an offence under section 494 of the Indian Penal Code (IPC).
Court emphasizes marriage as a fundamental social institution
Justice Moudgil noted that in India's diverse society, marriage is a fundamental social institution and is essential for the rearing of children. The court acknowledged that while some parts of India have adopted Western culture and modern lifestyles, including live-in relationships, it is vastly different from traditional Indian culture. It emphasized that marriage is a sacred relationship with legal consequences and high social esteem, and that India's deep cultural roots place significant emphasis on morals and ethical reasoning.
