Married person cannot enter into live-in relationship without obtaining divorce: Allahabad HC
Prayagraj (UP) (PTI): The Allahabad High Court has ruled that a married person cannot legally enter into a live-in relationship with a third party without first obtaining a decree of divorce.
With this observation, the court dismissed a writ petition seeking protection filed by a couple in a live-in relationship.
Justice Vivek Kumar Singh observed that the freedom of personal liberty is not absolute and cannot infringe upon the statutory rights of an existing spouse.
The petitioners had approached the court with a prayer that both petitioners are major and living together as husband and wife and they have apprehension of a life threat from the respondent.
On the other hand, the state counsel opposed the prayer made by the petitioners and submitted that the act of the petitioners is illegal as petitioner no. 1 is already married to one Dinesh Kumar and has not obtained a decree of divorce.
The court observed in its judgment on Tuesday, "No one has the right to interfere in the personal liberty of the two adults, not even the parents of two adults can interfere in their relationship, but the Right to Freedom or Right to Personal Liberty is not absolute or unfettered: it is qualified by some restrictions also. The freedom of one person extincts where the statutory right of another person starts."
A spouse has the statutory right to enjoy the company of his or her counterpart and he/she cannot be deprived of that right for the sake of personal liberty and no such protection can be granted to infringe statutory right of the other spouse, the court said, adding hence, the freedom of one person cannot encroach or overweigh the legal right of another person.
"If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into a live-in relationship with a third person without seeking divorce from the earlier spouse," the court said.
With the above observation, the court said that it is not inclined to issue any writ, order or direction in the nature of mandamus for protection to the petitioners who are in a live-in relationship without obtaining a decree of divorce from a competent court.
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Tension grips Bangladesh after unrest over uprising leader’s death; vandalism at several places
Dhaka (PTI): Bangladesh interim government on Friday urged citizens to resist violence by “a few fringe elements” as the body of a prominent July Uprising leader, who died in Singapore six days after he was shot, reached the capital.
Various parts of the country were rocked Thursday night by attacks and vandalism, including stone-hurling at the Assistant Indian High Commissioner's residence in Chattogram, after Chief Adviser Muhammad Yunus confirmed Sharif Osman Hadi's death in a televised address to the nation.
There were, however, no reports of fresh violence since Friday morning.
Hadi, one of the leaders who had taken part in the student-led protests last year – termed as July Uprising - and a candidate for the scheduled February 12 general elections, died while undergoing treatment at a Singapore hospital six days after he was shot by unidentified men.
Body of Hadi, who was the spokesperson of the Inqilab Mancha, arrived at Hazrat Shahjalal International Airport (HSIA) at around 6 pm on a Biman Bangladesh Airlines flight, amid tight security and widespread public mourning, state-run news agency Bangladesh Sangbad Sangstha (BSS) said quoting Biman General Manager (Public Relations) Boshra Islam.
Members of the Bangladesh Army, Armed Forces Battalion (AFB) and police were deployed in large numbers to maintain security when Hadi's body was taken out of the airport, it added.
Hadi's passing away at the Singapore General Hospital triggered widespread mourning across political circles, activists of Inqilab Mancha and the general public, BSS said.
Yunus has declared a one-day state mourning on Saturday following Hadi's death.
Earlier on Thursday, soon after Yunus' announcement, protesters took to the streets and attacked offices of leading newspapers, vandalised 32 Dhanmandi with hammers, and also demolished an office of deposed prime minister Sheikh Hasina's disbanded Awami League party in Rajshahi city.
Regarded as the centre point of Bangladesh’s pre-independence struggle for autonomy for decades, 32 Dhanmandi was largely demolished with excavators on February 5 this year. It was also set on fire soon after the August 5, 2024 fall of the then Awami League government and Hasina fleeing to India.
Protesters also hurled bricks and stones at the residence of the Assistant Indian High Commissioner in Chattogram at 1:30 am, but failed to cause any damage.
Police responded with tear gas and baton charges, dispersing the crowd and detaining 12 protesters. A few injuries were also reported.
Senior officials assured the assistant high commissioner of enhanced security.
In Dhaka, protesters attacked the office of a leading cultural group, Chhayanaut, and brought out the furniture, setting it on fire.
Sporadic violence was also reported from other parts of the country overnight.
Meanwhile, after the flight from Singapore landed in Dhaka, local media reports and videos shared on social media showed Hadi's followers lining up on both sides of the road from the airport to Shahbagh to receive him before his coffin was brought to the Dhaka University Central Mosque for a public meeting.
In a Facebook post, Inqilab Mancha announced that a janaza will be held in Bangladesh on Saturday after Zuhr prayers (afternoon) at Manik Mia Avenue in the capital.
Hadi was shot in the head last week by masked gunmen as he initiated his election campaign at central Dhaka’s Bijoynagar area. He died while undergoing treatment at a Singapore hospital after fighting for his life for six days.
On Thursday night, the National Citizen Party (NCP), a large offshoot of Students Against Discrimination (SAD) that led the July Uprising, which ousted the Hasina-led government, joined a mourning procession on the Dhaka University campus.
Supporters of the group chanted anti-India slogans alleging that Hadi’s assailants fled to India after committing the murder. They called upon the interim government to close the Indian high commission until they were returned.
“The interim government, until India returns assassins of Hadi Bhai, the Indian High Commission to Bangladesh will remain closed. Now or Never. We are in a war!” said Sarjis Alm, a key leader of NCP.
Starting Thursday through night, a group of people, believed to be part of the protesters, also attacked the offices of Bangla newspaper Prothom Alo’s office and the nearby Daily Star at the capital's Karwan Bazar, near the Shahbagh intersection.
Reports said they vandalised several floors while journalists and staff of the newspaper were trapped inside, and the mob ignited a fire in front of the building.
Critically ill former prime minister Khaleda Zia's Bangladesh Nationalist Party (BNP) strongly condemned the vandalism and said that the Yunus-led interim government will have to shoulder its responsibility.
In his address on Thursday, Yunus vowed to bring those involved in Hadi's brutal murder to justice quickly, saying, “No leniency will be shown” to the killers.
“I sincerely call upon all citizens – keep your patience and restraint,” he said.
“No one can stop the democratic progress of this country through threat, terrorist activities or bloodshed,” he said, adding that the responsibility of realising Hadi's dream lies on the shoulders of the entire.
