The Allahabad High Court has drawn a clear line. If you’re already married, you can’t legally live with another partner unless you first end your marriage through a proper divorce.



The court said this while turning down a plea filed by a couple who were in a live-in relationship and had asked for police protection. Justice Vivek Kumar Singh, who heard the case, made it clear that personal freedom doesn’t come above the legal rights of an existing spouse.




According to the case, the couple told the court that they were adults living together by choice and feared for their safety because of opposition from others. They argued that their relationship should be protected under their right to personal liberty.



But the state disagreed. It pointed out that one of the petitioners was already married and had not taken a divorce. Because of that, the state said the relationship itself could not be treated as legally valid.



While giving its decision, the court acknowledged that adults do have the right to choose how they live and who they live with, without interference from parents or society. But it also stressed that this freedom has limits. Justice Singh noted that one person’s liberty cannot cancel out another person’s legal rights.




The court emphasised that a husband or wife has a statutory right to the companionship of their spouse. That right, it said, cannot be brushed aside in the name of individual choice. Granting protection in such cases would mean ignoring the lawful rights of the legally married partner.



The bench further clarified that as long as a marriage is legally in place and the spouse is alive, a person cannot be allowed to enter into a live-in relationship with someone else without first getting a divorce from a competent court.



Based on these observations, the High Court refused to grant any protection or directions to the couple, making it clear that it would not support a live-in relationship that exists without the legal end of a prior marriage.