Married persons can’t be in a live-in relationship without obtaining divorce: Allahabad HC
Prayagraj (PTI): The Allahabad High Court has observed that if a petitioner is already married and his/her spouse is alive, he/she cannot legally enter into a live-in relationship with a third person without obtaining a divorce from the earlier spouse.
A single-judge bench of Justice Vivek Kumar Singh said the court cannot issue any writ or direction for protection to the petitioners who are in a live-in relationship, without obtaining a decree of divorce from a competent court.
However, the court said that if the petitioners are disturbed or subjected to any act of violence, they may approach the SSP concerned by submitting a detailed application.
The concerned authority will verify its content and do the needful in accordance with the law to secure the life of the petitioners, the bench said.
Justice Singh then disposed of the petition filed by Anju and his male partner, who had sought a writ of mandamus directing the respondents not to interfere in their “peaceful life”, besides seeking protection.
The counsel for the petitioners argued, "Both the petitioners are living together as husband and wife, and they have apprehension of life threat.”
However, the standing counsel argued that both the petitioners were married separately, and their living together was “illegal” since they did not obtain a divorce from their respective spouses.
The court said, “In such a situation, protection to the petitioners who claim to be in a live-in relationship cannot be granted in exercise of powers conferred under Article 226 of the Constitution.”
In the order dated March 20, the court observed, “No one has the right to interfere in the personal liberty of two adults, not even their parents. But the right to freedom or the right to personal liberty is not absolute or unfettered; it is qualified by some restrictions as well.
“The freedom of one person ceases 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.
“No such protection can be granted to infringe the statutory right of the other spouse; hence, the freedom of one person cannot encroach or outweigh the legal right of another person.”
It added: “It is well-settled law that a writ of mandamus can not be issued contrary to law or to defeat a statutory provision, including a penal provision.
“The petitioners do not have a legally protected and judicially enforceable subsisting right to ask for mandamus.”
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Karnataka records 274 springs in first statewide census, majority located in Western Ghats
Hubballi: In its first-ever comprehensive census conducted during 2023-24, Karnataka has identified 274 natural springs across the State with 144 classified as perennial, 114 as seasonal and 16 reported to have dried up.
The enumeration was carried out by the Karnataka Minor Irrigation and Groundwater Development Department in association with the Groundwater Directorate as part of a Union government initiative, according to a Deccan Herald report. Officials were quoted as saying that the nine-month exercise involved field visits to nearly all identified springs. These springs were digitally mapped using a dedicated mobile application.
Belagavi district recorded the highest number of springs at 59, followed by Uttara Kannada with 31, while Chamarajanagar and Kodagu reported 23 each. Dharwad, Ramanagar, Bengaluru Rural, Davangere and Kolar districts have one spring each.
Bendru Teertha in Dakshina Kannada is the only hot spring documented in the State, which is attributed to a distinct hydrological formation. Springs in Talacauvery in Kodagu, Javali in Chikkamagaluru and Ambutheertha in Shivamogga, are the source points of major rivers such as the Cauvery, Hemavathi and Sharavathi.
According to the directorate, springs are natural discharge points where groundwater flows to the surface through openings in the earth’s crust, which occur when the water table intersects with the ground surface or when groundwater is forced out through fractures, faults or permeable rock layers.
The Western Ghats and Malnad regions, covering districts like Kodagu, Chikkamagaluru, Uttara Kannada, Dakshina Kannada, Belagavi and Shivamogga, account for a significant share of the springs due to high rainfall and favourable geological conditions.
K B Rajendra, Director of the Groundwater Directorate, was quoted by Deccan Herald as saying that nearly 80 per cent of the springs are located in rural areas. He noted that apart from those associated with religious or historical sites, most springs remain open and lack protective measures.
Noting their vital contributions to drinking water supplies and agricultural irrigation, especially in areas with hills and mountains, Rajendra said that these springs help maintain the flow of rivers and streams when the weather is dry, thereby supporting ecological balance and promoting biodiversity.
He added that the census findings would serve as a database for conservation, rejuvenation efforts, groundwater management and long-term water resource planning in the State.
