Allahabad High Court: In a writ petition filed seeking direction to the respondent to not interfere in the peaceful living of the petitioners, and to direct the State to provide protection to the petitioners, Surendra Singh-I, J. opined 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 submitted that they are residing together peacefully out of their own free will in a live-in-relationship. It is further submitted that the family members of the woman are averse to the parties’ live in relationship and are harassing and disturbing the peaceful life of the petitioners. The petitioners have apprehension of honour killing from her family members.
The State has submitted that both petitioners belong to different religious groups. Living in live-in-relationship is punishable as Zina (Adultery) in Muslim personal law.
After taking note of Nandakumar v. State of Kerala, (2018) 16 SCC 602, wherein the Court emphasized that live in relationship is now recognized by the legislature itself and it has found its place under the provisions of Protection of Women from Domestic Violence Act, 2005. The Court 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 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 State has placed reliance upon Kiran Rawat v. State of U.P., 2023 SCC OnLine All 323 and submitted that the Court has refused to provide protection to couples residing together in a live-in relationship. Concerning this, the Court said that it is apparent that in this case 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, that the Court has denied protection to the couple staying in a live-in-relationship. Hence, the Court held 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.
[Razia v State of UP, 2023 SCC OnLine All 795, Order dated 05-09-2023]
Advocates who appeared in this case :
Counsel for Petitioner: Advocate Sharad Chand Rai, Advocate Anvir Singh
Counsel for Respondent: Chief Standing Counsel
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