‘Cannot sanctify adultery’: HC dismisses habeas corpus plea in live-in relationship with married woman

Shimla: A man who admits to being in a physical live-in relationship with a married woman cannot invoke habeas corpus to interfere in her matrimonial life, Himachal Pradesh high court said, dismissing the petition for her custody."Judicial sanctity cannot be given to an adulterous relationship," the division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi said.The petitioner had filed a habeas corpus plea to produce his live-in partner in court, claiming he was her ‘close friend'. During the hearing, however, he admitted that he was in a live-in arrangement with her and they shared a physical relationship although she was legally married and had a child.An alleged agreement, dated Dec 17, 2025, relating to their live-in relationship, was placed before the court. The petitioner claimed that the woman was under threat from her husband and mother-in-law, on the basis of certain mobile messages allegedly sent by her, and sought court directions for her ‘release'.Refusing to entertain the plea, the division bench observed that the woman was admittedly residing with her husband and that the constitutional court could not be drawn into personal matrimonial disputes through habeas corpus proceedings."It is not for this court to intervene in matrimonial issues inter se the detenue (woman) and her husband," the bench observed while underlining that the relationship between the petitioner and the woman was apparently adulterous in nature.The petitioner relied upon the Supreme Court ruling in Devu G. Nair vs State of Kerala and Others decided on March 11, 2024, concerning protection of intimate partners and members of LGBTQ communities in cases of illegal detention.However, the high court distinguished the judgment, noting that the SC case did not involve a married woman living with her husband. It clarified that the precedent dealt with issues of personal liberty where this woman was staying with her parents. Holding the petition to be not maintainable, the bench dismissed it at the threshold.