Already Married woman living with some another man without divorcing her husband cannot seek legal sanctity: Allahabad HC

If a married woman stays in a live-in relationship with another person without ending her marriage, then in the eyes of Law, this act will be termed as crime with pure criminal intent. And the person living in such a relationship with a woman will be considered a criminal under Section 494/495 of the IPC. This relationship cannot hold legal sanctity and hence no legal protection will be given.

The division bench, comprising Justice SP Kesarwani and Justice YK Srivastava, observed that Devi was still the legally wedded wife of Chandra. “Such a relationship does not fall within the [ambit] …of a live-in-relationship or relationship in the nature of marriage,” the bench clearly asserted.

The Court, it held, cannot provide legal protection to anyone/anybody for an act which was illegal in nature according to already established laws. Their act was against the definition of a live-in relationship defined by law and the Supreme Court. It is not a live-in relationship, but an act of adultery by both, it ruled. Also, anyone living with a married person after changing the religion is also strictly termed as illegal.

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