Allahabad HC: Married persons cannot enter live-in relationship without divorce

PTI, Prayagraj, March 29, 2026: The Allahabad High Court has clarified that a person who is already married cannot legally enter into a live-in relationship with another individual unless they have obtained a divorce from their earlier spouse.

A single-judge bench of Justice Vivek Kumar Singh observed that the court cannot grant protection under Article 226 of the Constitution to individuals living in a live-in relationship while still legally married.

The bench noted, however, that if such petitioners face threats or violence, they may approach the Senior Superintendent of Police (SSP) with a detailed application. The authorities are obliged to verify the claim and take action under the law to ensure the petitioners’ safety.

This ruling came in a case filed by Anju and her male partner, who sought a writ of mandamus to prevent interference in their life together and to secure protection. The court emphasized that both petitioners were already married separately, and thus their cohabitation was “illegal” without divorce decrees.

The court stated: Personal liberty is not absolute: Freedom to choose a partner is restricted by the statutory rights of another, namely the existing spouse, Right of a spouse: A legally wedded spouse has the right to enjoy the company of their partner, and this cannot be compromised in the name of personal liberty, Limits of mandamus: A writ of mandamus cannot be issued contrary to law or to bypass statutory provisions.

The bench concluded that the petitioners do not possess a judicially enforceable right to seek protection for a live-in relationship entered into without a prior divorce.

This ruling reinforces that legal marriage rights prevail over personal liberty in cohabitation matters where the spouse is still alive.