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Allahabad High Court: “Married woman living with another man without divorce not entitled for protection”

Team SoOLEGAL 20 Jan 2021 3:29pm

Allahabad High Court: “Married woman living with another man without divorce not entitled for protection”

Allahabad High Court stated that if a married woman lives with another man, then she would not be entitled to compensation or protection from the Court.

The Court was hearing a petition filed by Asha Devi and Suraj Kumar which says that they were living as husband and wife, and that no third person should have the right to interfere in their life. This petition was opposed by the State because Asha Devi was married to Mahesh Chandra and the couple did not have a legal divorce before she started staying in a live-in relationship with another man.

According to Justice S.P. Kesarwani and Justice Y.K. Srivastava, Asha Devi is the legal wife of Mahesh Chandra and not Suraj Kumar, and for his acts, Suraj Kumar has committed offences under Section 494 which says “marrying again during lifetime of husband or wife” and Section 495 which says“same offence with concealment of former marriage from person with whom subsequent marriage is contracted” of Indian Penal Code,1860. These relationships do not count under live-in relationships and hence the Court had dismissed the petition and said that writ of mandamus can only be issued if the petitioner has the legal right to perform a legal duty by the party against whom the mandamus is asked for. This type of right can only subsist on the date of the petition.



Tagged: Allahabad High Court   legal divorce   live-in-relationship   Justice S.P. Kesarwani   Justice Y.K. Srivastava   Indian Penal Code  
Did you find this write up useful? YES 21 NO 0
Manohar singh   25 Feb 2021 11:57am
2 navratan complex len badla rood fatehpura udaipur pin.313001
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Raghav   24 Jan 2021 1:17pm
Case Details Case WRIT - C No. 18743 of 2020 at Allahabad Petitioner Asha Devi And Another Respondent State Of U.P. And 3 Others Petitioner Counsels Sheetala Prasad Pandey Respondent Counsels C.S.C. District Hathras (Mahamaya Nagar) Judgments/Orders Date : 1/12/2020 Judgment Copy : https://drive.google.com/file/d/1-vwchVIi4rLfkwtGGyE0Pny5ceC2x6J3/view?usp=sharing
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yogesh soni   25 Feb 2021 12:48pm
udaipur rajasthan
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Raj Kumar   23 Jan 2021 4:07pm
Can you please give Case# and the judgement order?
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Krishan yadav   22 Jan 2021 5:36pm
Pls order copy
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