Adult Couples Are Free To Live-In With Or Marry The Person Of Their Choice, Says Allahabad HC

Adult Couples Are Free To Live-In With Or Marry The Person Of Their Choice, Says Allahabad HC

A Muslim girl and her Hindu live-in partner had sought a direction that their family members be directed not to interfere in the peaceful living of the petitioners.

IANSUpdated: Sunday, September 10, 2023, 09:39 AM IST
article-image
Allahabad HC | Wikimedia Commons

Prayagraj, September 10: The Allahabad High Court has held that a boy or girl, who has become major, 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.

The petition was filed by inter-religious live-in couple

Disposing of a joint petition filed by inter-religious live-in couple, Justice Surendra Singh-1 directed that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the superintendent of police concerned, with a copy of this order, who shall provide immediate protection to the petitioners.

A Muslim girl and her Hindu live-in partner given police protection

In the writ petition, a Muslim girl and her Hindu live-in partner had sought a direction that their family members, who are private respondents in the petition, be directed not to interfere in the peaceful living of the petitioners. Further, the direction was also sought to the police authorities to provide protection to the petitioners.

Both the petitioners were major and residing together peacefully

It was submitted by the counsel for the petitioners that both the petitioners were major and residing together peacefully out of their own free will in a live-in-relationship. It was further submitted that the mother of the first petitioner, who is a Muslim girl and her family members, were averse to the parties' live-in relationship. She, along with other family members, was harassing and disturbing the peaceful life of the petitioners.

Threatened the petitioners with dire consequences

She had threatened the petitioners with dire consequences. The petitioners have apprehension of honour killing from her family members. Besides, the girl had moved an application (dated August 4, 2023) to the commissioner of police, Gautam Buddha Nagar seeking protection but of no avail.

Both the petitioners intended to solemnize their marriage in near future

It was submitted on behalf of the petitioners that both the petitioners intended to solemnize their marriage in near future. It was also stated that till date, no FIR had been lodged relating to their live-in relationship and both the petitioners were living together happily.

Both the petitioners belong to different religious groups

Appearing on behalf of the state government, the state counsel opposed the petition and submitted that both the petitioners belong to different religious groups. "Living in a live-in relationship is punishable as 'zina' (adultery) in Muslim personal law," he submitted.

Living in a live-in relationship is punishable as 'zina' in Muslim personal law

The state counsel also placed reliance upon a division bench decision of this court in Kiran Rawat and another vs. State of UP, 2023 Lawsuit (All) 953, and submitted that the court has refused to provide protection to couples residing together in a live-in relationship.

Court has denied protection to the couple staying in a live-in-relationship

However, while passing the above directives, the court said, "From perusal of the judgment of this court in Kiran Rawat case, it is apparent that the court has not held that couple residing in a live-in relationship are not entitled to protection of the court, but it is due to the special circumstances of that case before the court, that the court has denied protection to the couple staying in a live-in-relationship.

RECENT STORIES

Himachal Pradesh Crisis: BJP Leaders Meet Governor Seeking Trust Vote

Himachal Pradesh Crisis: BJP Leaders Meet Governor Seeking Trust Vote

Congress Appoints Bhupinder Hooda, DK Shivakumar As Observers For Himachal Pradesh Crisis

Congress Appoints Bhupinder Hooda, DK Shivakumar As Observers For Himachal Pradesh Crisis

Goods Train Ran Without Driver: Internal Report Highlights Negligence

Goods Train Ran Without Driver: Internal Report Highlights Negligence

Rajya Sabha Election Result: Turncoats Help BJP To Win Eight Seats In Uttar Pradesh

Rajya Sabha Election Result: Turncoats Help BJP To Win Eight Seats In Uttar Pradesh

West Bengal: '25 Fake Job Card Holders Found Under MGNREGA In State,' Says Union Finance Minister...

West Bengal: '25 Fake Job Card Holders Found Under MGNREGA In State,' Says Union Finance Minister...