Live-in Relationships Not an Offence: Allahabad High Court

“Where a boy & girl are major and living with their free will, nobody has authority to interfere,” the court ruled.

2 min read
Allahabad High Court - Lucknow bench.

The Allahabad High Court on Wednesday, 2 December, ruled that two consenting adults in a relationship had the right to live together without any interference from their families. The court noted that though live-in relationships are not accepted by the Indian society and may be perceived as immoral, they do not amount to any offence under law, reported Bar and Bench.

"Live-­in relationship is a relationship which has not been socially accepted in India, unlike many other countries. In the case of Lata Singh vs. State of UP [(2006) 2 SCC (Cri) 478], it was observed that a live­-in relationship between two consenting adults of heterosexual sex does not amount to any offence even though it may be perceived as immoral," the court observed, the report added.

Nobody Can Interfere in a Consenting, Adult Live-In Relationship: HC

The order was passed by a Bench of Justices Anjani Kumar Mishra and Prakash Padia and has been based on a petition filed by a couple seeking protection from harassment by the woman’s family. The couple had been living together for six months.

The woman, 24, had been living with her 28-year-old boyfriend for six months after her family attempted to forcefully marry her off to older men. The court was told that once the woman found out about such a situation, she had no option except to live away in her personal interest and she decided she to live with her partner on her own free will and without fear and pressure, reported Bar and Bench.

“It is settled law that where a boy and a girl are major and are living with their free will, then, nobody including their parents, has authority to interfere,” the court ruled.

The HC bench has directed the couple to approach the police if they need security. “In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Senior Superintendent of Police, Farrukhabad, who shall provide immediate protection to the petitioners,” the court said in its order.

(With inputs from Bar and Bench)

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