Live-in relationships not illegal, state must protect couples, says Allahabad HC
The ruling came in response to petitions filed by 12 women in live-in relationships who sought police protection, saying that they faced threats to their lives.
The Allahabad High Court on Wednesday ruled that live-in relationships are not illegal and that the state is bound to protect every citizen from any threats or interference, regardless of their marital status, The Indian Express reported.
Justice Vivek Kumar Singh ruled that living together without marriage is not an offence, and that adults in live-in relationships are entitled to the protection of life and personal liberty guaranteed by the Constitution, Bar and Bench reported.
“Mere fact that the petitioners have not solemnized marriage, would not deprive them of their fundamental right as envisaged in the Constitution of India being citizens of India,” the court said.
The ruling came in response to petitions filed by 12 women in live-in relationships who sought police protection after alleging threats to their lives, The Indian Express reported.
They claimed that they had approached local police for help but received no support.
In response to the petitions, the court held: “The concept of a live-in relationship may not be acceptable to all, but it cannot be said that such a relationship is an illegal one or that living together without the sanctity of the marriage constitutes an offence.”
Singh emphasised on an adult’s right to autonomy including in matters of choosing a partner and where to live, Bar and Bench reported.
“Once an individual, who is a major, has chosen his/her partner, it is not for any other person, be it a family member, to object and cause a hindrance to their peaceful existence,” the court said while holding that right to human life stands at a “much higher pedestal,” Live Law reported.
The court rejected arguments from the state counsel, who had contended that live-in relationships could not “be accepted at the cost of our country’s social fabric”, The Indian Express reported.
The counsel had also argued that live-in relationships could not be legally recognised and were akin to a contract that could be terminated at will, thus leading to complications in legal matters such as the status of children born out of such relationships.
However, Singh found these arguments unconvincing.
As part of its ruling, the court said the petitioners can approach the commissioner of police, senior superintendent of police, or superintendent of police, with a certified copy of the court order, if any disruption occurs in their peaceful living.
Police officers, upon confirming that the individuals are adults and living together voluntarily, are required to provide immediate protection and take no coercive action against them, The Indian Express quoted the court as saying.
“If they do not have any documentary proof regarding age and they come from a rural background and or are illiterate/semi-literate, the police officer can subject such a boy or girl to an ossification test to verify their correct age,” the court added.