living with another woman without divorce

A single bench of Justice Kuldeep Tiwari dismissed the plea of ​​a Punjab couple seeking protection of life and liberty, saying that without obtaining a valid (court) decision of divorce from their first spouse and their During the existence of the previous marriage, petitioner No. 2 (man living in live-in-relationship), has been living a lustful and adulterous life with petitioner No. 1 (woman living in live-in-relationship). This can be a punishable offense under section 494/495 of the IPC, because such a relationship does not fall under the category of marriage. The court also found that the allegations of threat to life were minor and vague. The court said that the petitioner has not placed on record any material to support the allegations, nor has any single instance been made available detailing the modus operandi of the threats. It said, ‘It appears that the present petition was filed to avoid any criminal prosecution in the adultery case.

The court believes that under the guise of its writ jurisdiction, the ulterior motive of the petitioners is to get its (the court’s) seal of approval on their conduct. The court said that this court has not found any solid ground to grant relief, hence this petition is dismissed.
It is noteworthy that the couple, who had filed the petition in the Punjab and Haryana High Court, had argued that they were in a ‘live-in-relationship’, due to which the woman’s family members had complained and had threatened to kill them. During the hearing, the court said that the woman in a ‘live-in-relationship’ is unmarried, while the man is married and living separately from his wife due to strained relations. The man and his wife, who are in a ‘live-in-relationship’, have two children, who live with their mother.

Union Home Minister Amit Shah had introduced a bill in September regarding illicit relationships, on which the parliamentary panel has now advised that illicit relationships should be declared a crime again because the institution of marriage is sacred and should be protected. This committee has recommended bringing homosexuality along with illicit relationships under the ambit of crime. The parliamentary committee has also said that it should be considered a gender neutral crime. That means both men and women should be considered equally responsible. If this report of the panel is accepted by the government, it is sure to create contradictions with the 2018 Supreme Court decision. In 2018, a five-member bench of the Supreme Court had said in its decision that illicit relationship cannot be a crime and it should not be. It is noteworthy that in the year 2018, the Supreme Court bench led by Chief Justice Deepak Mishra had given its verdict on illicit relationships. The bench had said that adultery can be a ground for divorce, but it is not a criminal offence. The court had said that this is a 163-year-old, colonial-era law which follows the concept of the husband being the owner of the wife. The Supreme Court had called this law old, arbitrary and patriarchal. Not only this, it was said by the court that it violates the autonomy and dignity of a woman.

Before the decision given by the Supreme Court of the country in 2018, if a person lived in a live-in relationship with another woman without divorce, there was a provision of 5 years in jail, but there was no punishment for the woman. Now the Standing Committee on Home Affairs has suggested that adultery law should be changed to bring it under the ambit of crime and both man and woman will have to face punishment.

If a sacred institution like marriage is to be saved then illicit relationships should be declared a crime but along with this, divorce cases should also be resolved within a time limit. Because when there is no trust among each other, hatred increases and life becomes hellish as sourness increases in relationships. When two adults do not want to live together, it should be ensured that their decision is respected, only then illegal relationships can be controlled.