Live-in relationship not an offence, two consenting adults free to live together: Allahabad High Court

Team SoOLEGAL 7 Dec 2020 3:15pm

Live-in relationship not an offence, two consenting adults free to live together: Allahabad High Court

Allahabad High Court while hearing a plea, Kamini Devi Vs State of Uttar Pradesh WRIT – C No. – 11108 of 2020, was in a view that, though live-in relationships are not socially accepted in a country like India, still these are not to be considered as an offence under Indian law. Two individuals who have attended the age of majority can live together and no person has the right to disturb their peaceful leaving.

The High Court held that according to the Supreme Court, it is a settled law that when a boy and a girl are major and can live together peacefully, then no one, even their guardians, have the right to interfere with it. Justice Anjani Kumar Mishra and Justice Prakash Padia were hearing a plea which was filed by a couple. According to the petitioners, as they are in a live-in relationship, they fear that they could be harassed and intimated by their family members.

The Court was of the view that every individual is being protected under Article 21 of the Indian Constitution that is right to life. In this particular case the Court has held that the petitioners shall be free to live together and no one shall be able to intervene in their peaceful life. According to petitioner number 1, the family members were forcing her to get married to a man who is older than her and against her wishes. The Court also was of the view that when the woman came to know such a condition, she had no choice but to live away in her personal interest, and she agreed to live with petitioner number 2, on her own free will and without fear and coercion.

The Court has granted police protection and also directed the petitioners to give a copy of this order to the Senior Superintendent of Police, Farrukhabad, if there arises any disruption in their peaceful existence and they will need urgent security.

Tagged: Allahabad High Court   Live-in relationship   High Court   Supreme Court   Justice Anjani Kumar Mishra   Justice Prakash Padia   Article 21   Indian Constitution  
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