Engaging in a live-in relationship while still legally married without the spouse's consent may be deemed as an act of second marriage, according to the Punjab and Haryana High Court. The court cited a specific case involving a Patiala couple, where the man, already married and a father to a two-year-old daughter, sought legal protection for the relationship.
"On the face of the above, it appears that in order to avoid any criminal prosecution, in case of Adultry, the present petition has been instituted the hidden intent of the petitioners is just to obliquely obtain the seal of this court on their conduct observed the HC.
The bench headed by Justice Kuldeep Tiwari has passed these orders while dismissing a petition filed a runaway couple from Punjab seeking security from the court However, the court rejected their petition, emphasizing that the act of bigamy is considered a criminal offense under section 494/495 of the Indian Penal Code (IPC).
The petitioner and her live-in partner sought court protection, expressing concerns about threats to their lives from relatives. The court learned that the petitioner has a pending divorce case with her spouse. The petitioner's family has acknowledged and accepted her relationship. However, the girl's family is allegedly issuing threats to harm her, prompting the couple to seek legal intervention for their safety.
The High Court made a strict comment regarding the matter and said that the petitioner's remarriage without divorce while his spouse is alive can be considered a crime. There are only baseless and vague allegations regarding threats. Whereas in the absence of any valid and concrete material to support the claims, the allegations cannot be accepted by the court.
Rejecting the petition, the court said that it appears that the petition has been filed to avoid any criminal case in the case of adultery.
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