File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Right to stay in a live-in relationship forms a part of Right to life and personal liberty guaranteed under Article 21 of the Constitution Allahabad High Court

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 mandamus.

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.

Written By: Prime Legal Law Firm
Off Address: 39/2, 2nd floor, K G Road, Bengaluru, Karnataka-560001
Phone no: +9986386002, Email: [email protected]

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Law of Writs In Indian Constitution

Titile

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly