People in live-in can`t complain of infidelity: HC

Last Updated: Monday, August 9, 2010 - 20:30

New Delhi: A partner in a live-in
relationship can walk out of it without any legal consequence
and people cannot complain of infidelity of partners if one of
them ditches the other, the Delhi high Court said today.

"Live-in relationship is a walk-in and walk-out
relationship. There are no strings attached to this
relationship nor does this relationship creates any legal bond
between the parties," Justice S N Dhingra said while quashing
criminal proceedings initiated by a woman against her
live-in partner after he refused to marry her.

"People who chose to have live-in relationship cannot
complain of infidelity or immorality as live-in relationships
are also known to have been between a married man and
unmarried woman or between married woman and unmarried man,"
the court said.

The court passed the order on a petition filed by a
London-based lawyer, against whom a criminal complaint was
filed by a lady with whom he had live-in relationship, seeking
to quash proceeding against him.

The petitioner, Alok Kumar, submitted that he refused to
marry the woman as his parents were against the relationship.

Granting relief to Kumar, the court said the FIR should
be quashed to prevent misuse of criminal justice system for
personal vengeance of a partner of live-in relationship.

"It is a contract of living together which is renewed
everyday by the parties and can be terminated by either of the
parties without consent of the other party and one party can
walk out at will at any time," the court said

"Those who do not want to enter into this kind of
relationship of walk-in and walk-out, they enter into a
relationship of marriage where the bond between the parties
has legal implications and obligations and cannot be broken by
either party at will," the court said.


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First Published: Monday, August 9, 2010 - 20:30

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