The Allahabad High Court while disposing the petition said that a boy or girl, who have attained majority, is free to marry or live with a person of his/her choice and no person including their parents or anyone acting on their behalf shall be permitted to interfere in their peaceful live-in-relationship.
A Single Bench of Justice Surendra Singh-I passed this order while hearing a petition filed by Razia and Another.
The petition has been filed seeking a direction in the nature of mandamus to the private respondent not to interfere in the peaceful living of the petitioners. Further the direction has been sought to respondent no 2 and 3 to provide protection to the petitioners.
It is submitted by the counsel for the petitioners that both the petitioners are major. The date of birth of petitioner no 1 as mentioned in her Pan Card & Aadhar Card, is 13.04.2001 and the date of birth of petitioner no 2 as mentioned in his Aadhar Card and Pan Card is 01.01.1997.
It is averred that both the petitioners are residing together peacefully out of their own free will in a live-in-relationship.
It is further submitted that respondent no 4, mother of the first petitioner and her family members are averse to the parties’ live-in relationship. She, along with other family members, is harassing and disturbing the peaceful life of the petitioners. She has threatened the petitioners with dire consequences. The petitioners have apprehension of honour killing from her family members.
Petitioner no 1 has moved an application dated 04.08.2023 to the Commissioner of Police, Commissionerate Gautam Budh Nagar seeking their protection but to no avail.
It is submitted on behalf of the petitioners that both the petitioners intend to solemnize their marriage in near future. It is also stated that till date no FIR has been lodged relating to their live-in relationship and both the petitioners are living together happily.
Looking at the nature of the order that the Court proposes to pass, the issue of notice to the private respondent is dispensed with. However, in case the said respondent feels aggrieved by the order passed today, it shall be open to her to make an application in this decided petition.
Counsel appearing on behalf of the State has opposed the petition and submitted that both petitioners belong to different religious groups. Living in live-in-relationship is punishable as Zina (Adultery) in Muslim personal law.
From the above discussion and the rulings of the Supreme Court, 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, the Court observed.
The Court noted that,
Counsel appearing on behalf of the State has placed reliance upon a Division Bench decision of the Court in Kiran Rawat and another vs. State of U.P, 2023 LawSuit(All) 953 and submitted that the Court has refused to provide protection to couples residing together in a live-in relationship.
From perusal of the judgment of the Court in Kiran Rawat (supra), 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.
“Having regard to the facts and circumstances of the case and the law laid down by the Apex Court in its catena of judgements, the Court is of the opinion that the petitioners are at liberty to live together and no person, including their parents or anyone acting on their behalf, shall be permitted to interfere in their peaceful live-in-relationship”, the Court further observed while disposing the petition.
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 liberty is granted to the private respondent that if false facts are stated or the documents brought on the record are fabricated or forged, it will be open to her to file an application in the petition”, the order reads.