Monday, April 18, 2022

Protection of life and liberty - Live-in- relationship in nature of adulterous/bigamous marriage not legally permissible under Domestic Violence Act.

Constitution of India, 1950, Articles 226 and 227 - Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21 and 22
Constitution of India, 1950, Articles 226 and 227 - Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21 and 22 Live in relationship Protection of life and liberty - Petitioner lady took shelter of petitioner no. 2 another man when she ran from her matrimonial home due to harassment and torture by husband - Both petitioners living in live-in- relationship with their own free will and consent without any threat pressure or undue influence Held, Section 26 of Act provides that any relief available under Sections 18, 19, 20, 21 and 22 thereof may also be sought in any legal proceeding, before a Civil Court, family court or a criminal court, affecting aggrieved person and respondent whether such proceeding was initiated before or after commencement of Act Further, any relief may be sought for in addition to and along with any other relief that aggrieved person may seek in such suit or legal proceeding before a civil or criminal court - Admittedly, petitioner lady married to respondent and marriage not dissolved by any decree of divorce passed by competent Court and is still subsisting - Petitioner lady claimed respondent to be a drug addict who harassed/tortured her but petitioner lady did not make any complaint to police, did not file any petition for judicial separation or divorce on ground of cruelty and for payment and did not initiate any proceeding for any relief under Domestic Violence Act - Further, live-in- relationship in nature of adulterous/bigamous marriage not legally permissible under and protected by PWDV Act - Thus, petitioners not entitled for protection of life and liberty for living in and continuing with their live-in- relationship of adulterous/bigamous nature .

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