PRAYAGRAJ: In the case of an inter-religious live-in couple, the Allahabad high court has held that a boy or girl, who is a major (is above 18 years of age), 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.
Disposing of a joint petition filed by an inter religious live-in couple, justice Surendra Singh directed that in case any disturbance was caused in the peaceful life of the petitioners, they shall approach the superintendent of police concerned, with a copy of this order, who shall provide them immediate protection.
In the present writ petition, a Muslim girl and her Hindu live-in partner sought a direction that their family members be directed to not interfere in their peaceful life. Further, direction was also sought to the police authorities to provide protection to the petitioners.
It was submitted by the counsel for the petitioners that both were major and living together peacefully out of their own free will, in a live-in-relationship. It was further submitted that the mother of the first petitioner (who is a Muslim girl) and her family members were averse to the parties’ live-in relationship. She along with other family members was harassing and disturbing the peaceful life of the petitioners.
Appearing on behalf of the state government, the state counsel opposed the petition and submitted that both petitioners belonged to different religious groups. “Living in live-in-relationship is punishable as Zina (adultery) in Muslim personal law”, he submitted.
{{/usCountry}}Appearing on behalf of the state government, the state counsel opposed the petition and submitted that both petitioners belonged to different religious groups. “Living in live-in-relationship is punishable as Zina (adultery) in Muslim personal law”, he submitted.
{{/usCountry}}The state counsel also placed reliance upon a division bench decision of this court (Lucknow Bench) in Kiran Rawat and another vs. State of UP, 2023 Law Suit(All) 953 and submitted that the court had refused to provide protection to couples in a live-in relationship.
However, while passing the above directives, the court in its decision dated September 5 said, “From perusal of the judgment of this court in Kiran Rawat case, it is apparent that 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 before the court, that the court has denied protection to the couple staying in a live-in-relationship.”
The judgment was delivered on September 5.