Allahabad, Jun 17: The Allahabad High Court has dismissed a plea filed by a married woman and her lover, who are currently in a live-in-relationship and sought protection from her husband and family.
The court also imposed a cost of Rs 5,000 on them, observing that the woman is already married and in live-in-relationship with another man, an act against the "mandate" of the Hindu Marriage Act.
"The Article 21 of the Constitution of India may permit a person to have own liberty but the liberty has to be within the ambit of law which applies to them," said a Division Bench of Justices Kaushal Jayendra Thaker and Dinesh Pathak while rejecting the petition on Tuesday.
"We fail to understand how such a petition be allowed permitting illegality in society," said the court as the petitioners sought direction to the woman's husband and other family members not to interfere and disturb their peaceful live-in-relation by adopting coercive measures.
The court, further noting that the woman is the legally wedded wife of one of the respondents in the case, remarked, "She has for whatever reasons decided to go away from her husband, can we permit them to live-in-relation under the guise of protection of life and liberty."
The court observed that whether her husband had committed an act which can be said to be an offence under Section 377 (unnatural offences) of the Indian Penal Code (IPC) for which she has never complained of, all these are disputed questions of fact.
There is no FIR, it observed.
The court directed that the cost imposed on the petitioners shall be deposited by them with the Uttar Pradesh State Legal Services Authority.
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Lucknow (PTI): The Lucknow Bench of the Allahabad High Court on Friday ordered a probe by the special task force (STF) into alleged irregularities in the rejoining of a teacher at City Intermediate College in Barabanki, observing that the reinstatement appeared to be prima facie illegal.
The court also directed the recovery of the salary paid to the teacher during the disputed period.
A bench of Justice Rajeev Singh passed the order on a petition filed by the college management committee. The court expressed doubts over the roles of the District Inspector of Schools (DIOS), Barabanki, the college principal and the teacher concerned and hence, directed a detailed inquiry into the matter.
Taking note of alleged manipulation of records and misleading submissions, the court ordered the immediate transfer of the Barabanki DIOS to ensure a fair probe. It also directed the initiation of disciplinary proceedings against the then joint director of education of the Ayodhya division.
In its order, the court found that the teacher, Abhay Kumar, was initially appointed as an assistant teacher in 2018 but joined an Eklavya Model Residential School in Chhattisgarh as a lecturer in June 2024 without obtaining permission from the management. His subsequent request to retain the lien was rejected.
Despite this, he was allowed to rejoin the Barabanki College in September 2025 on the directions of the joint director of education and the DIOS, and was even paid the salary for October 2025. The court termed the rejoining "wholly illegal" and lacking any legal basis.
The bench also expressed concern over lapses in communication within the education department and directed the Uttar Pradesh chief secretary to ensure that official orders are communicated through email and WhatsApp as well, to prevent disputes.
The matter is next listed for hearing on May 28 when a compliance report is sought.
