An Act Of Adultery

In an interesting order, the Allahabad High Court has said that a married woman who is in a live-in relationship without ending her marriage first is committing a crime and her partner is also culpable

- Shivam Sharma

It would be a crime if a married woman stays in a live-in relationship with another person without ending her marriage. And the person living in such a relationship with a woman will be considered a criminal under Section 494/495 of the IPC.

In a recent judgment, the Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later. Petitioners Asha Devi and Suraj Kumar approached the High Court contending that they were both adults “living as husband and wife”, and so, no one should interfere in their lives.

The petition was opposed by the state counsel on the ground that Devi started living with Kumar even as she was legally married to his client, Mahesh Chandra. This constituted an offence under Sections 494 (marrying again during the lifetime of husband or wife) and 495 (concealment of former marriage from person with whom subsequent marriage is contracted) of the IPC, the counsel said.

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 said.

“The writ petition has been filed by the petitioners for protection from interference by others in their living as husband and wife. If protection, as prayed for, is granted, it may amount to granting protection against commission of offences under Sections 494/495 of the IPC,” the Court held.