Not even parents can interfere in children's right to stay in live-in relationship: Allahabad HC
Allahabad HC's ruling on live-in relationship
Allahabad High Court has ruled in a recent case that an inter-faith couple is at liberty to live together and their family members have no right to interfere in their life. The High Court ordered, “no person, including their parents or anyone acting on their behalf, shall be permitted to interfere in their peaceful live-in relationship”.
The bench of Justice Surendra Singh stated that if the couple’s life is hindered or disturbed by any of their family member, they must approach the Superintendent of Police, with a copy of the High Court’s decision for immediate protection.
Right to Life and Personal Liberty guaranteed under Articles 19 and 21 of the Constitution of India
Referring to the rulings of the Supreme Court, the single judge bench said, “…it is clear that a boy or girl, who have attained majority, is free to marry or live with a person of his/her choice and no one including his/her parents or anyone on their behalf can interfere in their right to freedom of choosing a partner which emanates from Right to Life and Personal Liberty guaranteed under Articles 19 and 21 of the Constitution of India."
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The court also rejected the argument put forth by the state counsel that a division bench decision of the High Court in Kiran Rawat and another vs. State of Uttar Pradesh case (2023) declined to provide protection to couples residing together in a live-in relationship.
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The court stated that a perusal of the judgment in that case revealed that the court had not ruled that the couple existing in a live-in relationship was not entitled to court protection. Rather, the court denied the couple's protection due to the special circumstances of that case.
The order was passed in response to a plea by an interfaith couple seeking a Mandamus writ (or order) directing the private respondent not to interfere with their peaceful living.
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The petitioner’s attorney claimed that both petitioners were adults who were living together peacefully of their own free will in a live-in relationship. The lawyer informed the court that the girl’s mother and her family members were opposed to the petitioner’s live-in relationship and were harassing and threatening them.
According to the counsel, the girl's mother had threatened the couple with dire consequences, thus they were afraid of honour killing from her family members.
(With inputs from agencies)
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