Adultery: HP High Court rejects man's plea for release of married woman with whom he was in live-in relationship

The Himachal Pradesh High Court recently dismissed a habeas corpus petition filed by a man seeking the release of a married woman with whom he was allegedly in a live-in relationship.

In an order passed on May 14, a Bench of Chief Justice GS Sandhawalia and Justice Bipin Chander Negi held that the petition was not maintainable since the woman was living with her husband and child.

The Court said it could not interfere in matrimonial disputes between spouses through habeas corpus proceedings.

"We are of the considered opinion that the petition is not maintainable in the present form, as admittedly the detenue is living with her husband, and it is not for this Court, as such, to intervene in matrimonial issues inter se the detenue and her husband," the Court said.

It added that the Court cannot give judicial sanctity to what appeared to be an adulterous relationship between the petitioner and the married woman whose release he sought.

"Judicial sanctity cannot be given to an adulterous relationship which is apparently existing between the petitioner and the detenue," the Court remarked.

The petitioner before the Court claimed to be a close friend of the allegedly detained woman. He sought Court directions for her release on allegations that she had sent him messages saying that she feared her husband and mother-in-law.

Based on these allegations, he approached the High Court seeking the woman’s release from alleged illegal confinement by her husband and mother-in-law.

However, during the hearing, the Court asked the petitioner whether he was in a physical relationship with the woman. It then emerged that the two were allegedly in a live-in relationship. An alleged agreement dated December 17, 2025, was also placed on record.

Before the High Court, the petitioner's counsel relied on the Supreme Court’s ruling in Devu G Nair vs State of Kerala & Ors, wherein the top court laid down guidelines to protect the dignity of intimate partners and members of the LGBTQ community in cases of illegal detention.

The High Court, however, said that the Supreme Court judgment did not apply to the present case because the earlier case did not involve a married woman living with her husband.

The Court noted that in Devu G. Nair, the woman was staying with her parents, and the dispute only concerned the relationship itself.

The Bench therefore held that the Supreme Court ruling was of no avail to the petitioner.

“In such circumstances, we dismiss the petition in limine on account of lack of maintainability,” the Court said.

The petitioner was represented by Advocates Ankit Dhiman and Hemant Kumar Thakur.

Additional Advocate General Rakesh Dhaulta appeared for the respondent.

[Read Order]