The Gujarat High Court has dismissed a petition with a cost of Rs. 5000/- seeking custody of his live-in partner alleging that she was in illegal custody of her husband.
The division bench of Justice Vipul M. Pancholi and Justice Hemant M. Prachchhak while adjudicating upon Habeas Corpus observed that custody of the woman with her husband cannot be termed as 'illegal custody' and the petitioner has no locus to file the present petition on the basis of the so-called live-in-relationship agreement.
We have considered the submissions canvassed by the learned advocate appearing for the parties. We have also perused the material placed on record. It would emerge that the respondent No.4 corpus got married with the respondent No.5. It is alleged that the marriage of the respondent No.4 took place against her wish and therefore, she left her house and she was voluntarily staying with the petitioner and live-inrelationship agreement was executed between the petitioner and the respondent No.4. It is not in dispute that till today, the marriage of the petitioner is not solemnized with the respondent No.4. At the same time, divorce has not taken place between respondent No.4 and 5. We are, therefore, of the view that custody of respondent No.4 with respondent No.5 cannot be termed as illegal custody as alleged by the petitioner and the petitioner has no locus to file the present petition on the basis of the so-called live-in-relationship agreement, " the Court noted.
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