Recently, the Allahabad High Court stated that the right to stay in live-in
relationship is covered under Article 21 – Right to life and personal liberty.
The court stated that a couple in a relationship have the liberty to live
together and no person has the right to interfered in their peaceful living. In
case of any disturbance the Police authorities should be approached for
immediate protection. This was laid down by the High court in the case of Kumar
Devi & Anr. V. State of U.P. & Ors
., WRIT – C No. – 11108 of 2020.
The facts of the case are that two adults i.e. the Petitioners were living
together in a live-in relationship for 6 months. But the respondents i.e. the
parents of the Petitioner No. 1 are unhappy with this relationship and at many
occasions have tried to solemnize the marriage of the Petitioner No. 1 with
older persons against her consent. The Respondents were not happy with the
relationship of Petitioner No. 1 and from time to time they use to harass them
and pressurize to marry older persons.
The Petitioner tried seeking help from the local police station to get
protection against such harassment but there was no action taken by the police
and so the Petitioner has file a writ petition in the court to issue the writ of
The court in this case relied upon a number of Supreme Court judgments in which
it has been stated that even if live-in relationship is considered as immoral in
the society it is not illegal and does not amount to an offence. If a
heterosexual couple has consented to stay in a live-in relationship it does not
constitute as a crime and is perfectly legal. This was stated by the Supreme
Court in the case of Lata Singh v. State of U.P.
The Court also stated
that it has been laid down in a series of judgments that if two adults i.e. a
male and female decide to stay together their personal liberty cannot be
interfered by anyone not even by their parents.
Hence the division bench of Allahabad High Court was The Court thus stated:
We are of the view that the petitioners are at liberty to live together and no
person shall be permitted to interfere in their peaceful living. As the right to
life is a fundamental right ensured under Article 21 of the
Constitution of India in which it is provided that no person shall
be deprived of his right to life and personal liberty.
The court also stated that if there is any further interference or hinderance
caused in their relationship by anyone they can approach the court of
Superintendent of Police.
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