The Allahabad High Court while disposing the petition said that two major couples have the right to live together as per their wish.
A Single Bench of Justice Prashant Kumar passed this order while hearing a petition filed by major couples.
By means of the petition, the petitioners have prayed for direction in the nature of mandamus directing the respondents not to harass and torture them by any mode or manner and also not to interfere in their peaceful life.
Counsel for the petitioners submitted that the petitioners are major and are living in relationship with each other accordingly. No F.I.R has been registered against them.
Both the petitioners are identified by the counsel appearing for the petitioners. Both the petitioners appear to be major as per averments made and the papers filed with the petition.
The petitioners claim to be adults living in relationship with their own freewill, and for that they are being threatened and harassed.
In Lata Singh vs State of UP 2006 Cr.L.J 3312, while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, the Supreme Court has issued directions to the Administration/Police authorities throughout the country in the following terms:-
“This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes.
“If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or interreligious marriage.
“We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law”.
In view of the above, the Court disposed of the petition with the direction that petitioners are at liberty to live together. No person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who shall provide immediate protection to the petitioners.
“However, this order in no way expresses opinion about the validity of their relationship. This order shall not protect the petitioners against any action or proceedings pursuant to any F.I.R or complaint case against him/her/them”, the order read.