Inter-Religion Couple At Liberty To Stay Together In Live-In Relationship, Parents Cannot Interfere: Allahabad High Court

The Allahabad High Court has ordered Police to provide protection in case of threat to an inter-religion couple living together in live-in relationship.

A bench comprising Justice Surendra Singh-I held,

“Having regard to the facts and circumstances of the case and the law laid down by the Apex Court in its catena of judgements, this 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. 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.”

The petitioners, major, approached the Court for protection on the ground that the mother of the girl along with other relatives was averse to the relationship and is harassing and disturbing the peaceful life of the petitioners. Since the petitioners were threatened by the mother, they are apprehensive about honour killing by her family members. An application was moved before the Commissioner of Police, Commissionerate Gautam Budh Nagar seeking protection however, no action was taken.

Petitioners submitted that they intend to solemnize their marriage in near future. Since they were living peacefully, they had not filed nay FIR against the relatives.

Counsel for the State opposed the live-in relationship on the ground that both petitioners belong to different religious groups and ‘living in live-in-relationship is punishable as Zina (Adultery) in Muslim personal law.’ Based on the decision in Kiran Rawat and another vs. State of U.P., State argued that Allahabad High Court had earlier refused to grant protection to couples residing together in a live-in- relationship.

The Court held that circumstances in case of Kiran Rawat (supra) were different and it was not held therein as a general rule that couples in live-in relationship are not entitled to protection.

The Court relied on various decisions of the Supreme Court to hold that the petitioners, who had attained the age of majority, were at liberty to peacefully live together in a live-in relationship.

“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.”

Case Title: Razia and Another v. State of U.P. and Others.

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