The Supreme Court on Monday dismissed a Special Leave Petition preferred by the state of Uttarakhand against an order of the Uttarakhand High Court, observing that if a woman willingly allows a person, who is not her husband, to behave like her husband, then he cannot be prosecuted for rape.
The Bench held, “Petitioner no 1 (woman) has mentioned in the petition that she is the legally wedded wife of respondents and she has, for whatever reasons, decided to go away from her husband. Can we permit them to live-in under the guise of protection of life and liberty?
It is pertinent to mention here that the Punjab and Haryana High Court had passed two orders on May 11 and 12, denying protection to two couples, on the ground that live-in relationships are not socially acceptable.
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.