Anju and Another v. State of U.P., 2026

• The petitioners (a man and a woman) filed a writ petition seeking police protection.

• Both petitioners were already legally married to different spouses, and neither had obtained a decree of divorce.

• They claimed to be living together in a live-in relationship and feared threats to their life from family members.

• They sought a writ of mandamus directing authorities not to interfere and to provide protection.

• The State opposed the petition, arguing that:

  • Their relationship was illegal in the absence of divorce.

  • Granting protection would indirectly support a criminal offence (bigamy).

Division Bench Case (Contrasting View):

• In a separate but similar matter, a live-in couple (an 18-year-old woman and a married man) sought protection from threats by the woman’s family.

• The Division Bench found a prima facie threat to life and liberty.

• A criminal case had been registered under Section 87 BNS.

1. Whether a person already married with a living spouse can legally enter into a live-in relationship without obtaining divorce?

2. Whether such persons have a legally enforceable right to seek protection under a writ of mandamus?

3. Whether granting protection would amount to supporting an offence under Sections 494/495 IPC (bigamy)?

4. Whether personal liberty under Article 21 can override statutory marital rights of a spouse?

5. Whether courts can grant police protection to live-in couples despite moral or legal objections?

Single Judge Judgment – Justice Vivek Kumar Singh

• The Court held that although personal liberty allows individuals to choose partners, such liberty is not absolute.

• It emphasized that a spouse has a statutory right to consortium, which cannot be overridden by entering into another relationship.

• The Court ruled that:

  • A person cannot legally enter into a live-in relationship while still married and without obtaining a divorce decree.

  • Doing so may amount to offences under Sections 494/495 IPC.

• It held that a writ of mandamus can be issued only when there exists a legal and enforceable right.

• Since the petitioners’ relationship was not legally protected, they had no enforceable right to seek protection.

• The Court clarified that:

  • Courts cannot issue directions that defeat statutory provisions or penal laws.

• Accordingly, the Court refused to grant protection and disposed of the petition.

• However, it allowed liberty to approach the Superintendent of Police in case of actual violence.

Division Bench Judgment – Justices J.J. Munir & Tarun Saxena

• The Division Bench adopted a liberal and rights-based approach.

• It held that morality and law must remain separate, and courts must focus on protection of fundamental rights.

• The Court observed that:

  • Even if one partner is married, living together with consent does not automatically constitute an offence.

• It found a prima facie threat to the couple’s life and liberty.

• The Court granted interim protection, including:

  • Direction that petitioners shall not be arrested

  • Restraining family members from causing harm or interference

  • Prohibiting contact via any means (direct/indirect)

  • Making the Superintendent of Police personally responsible for safety

• Notices were issued, and further proceedings were kept pending.

• The case highlights a direct judicial conflict within the same High Court.

• The Single Judge approach prioritises:

  • Statutory marital rights

  • Legality over personal autonomy

  • Prevention of bigamy-related offences

• The Division Bench approach emphasises:

  • Fundamental rights (Article 21)

  • Individual autonomy and choice

  • Separation of law from morality

• The divergence reflects a broader constitutional debate between:

  • Social order vs personal liberty

• The Division Bench aligns with progressive jurisprudence protecting live-in relationships, while the Single Judge adopts a strict legalistic view.

• This conflict may require eventual clarification by a larger bench or the Supreme Court.