These Relationships are totally illegal and Anti-Social”: The Rajasthan High Court has ruled that a widow living with a married man is not entitled to protection
The Rajasthan High Court recently denied police protection to a widow who was living with a married man, stating that such a connection between the petitioners does not fall under the purview of a legitimate Live-in relationship and is instead “Purely Illegal” and “Anti-Social.”
“Giving them police protection would be recognizing their illegal relations and indirectly consenting to such illegal relations, which is not lawful, thus the request for police protection is rejected,” Justice Satish Kumar Sharma’s bench said while hearing the protection petition of a widow and her partner (a married man).
Facts of case
In this case, the widow claimed in court that she was left with three children when her husband died; so she decided to marry the man (petitioner number 2) who was living apart from his wife.
She also claimed that she married him in June 2021 according to Hindu customs and rituals and; that they are now living together as Husband and Wife. However, private respondents are unhappy with their relationship and; are harassing them, so she (along with her male partner) sought police protection from the Court.
Observation of Courts
The Court stated at the outset that the supposed marriage between the widow and her male partner is void-ab-Initio, as is the man’s marriage to his wife.
“The second petitioner (a guy) is already married. He hasn’t divorced his wife, thus his first marriage is still going strong. Petitioner No. 1 is a widow, yet her alleged marriage to an already married person is void-ab-initio; “The Court took notice of this.
Importantly, the Bench cited the Allahabad High Court’s ‘Social Fabric’ ruling, in which the High Court stated that; live-in relationships cannot be at the expense of the country’s social fabric and; that a spouse is not entitled to protection in a relationship with another person unless he or she obtains a divorce.
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