E-Paper
Minor can’t be in a live-in relationship, says Allahabad HC
Petitioners had requested the court to quash the FIR lodged against the boy under Sections 363, 366 of the IPC, for allegedly abducting the girl.
PRAYAGRAJ The Allahabad high court has observed that a person below the age of 18 years (minor) cannot be in a live-in relationship and this would be an act not only immoral but also illegal.
Dismissing the petition filed by Ali Abbas, 17, and his live-in partner Saloni Yadav, 19, a division bench comprising Justice Vivek Kumar Birla and Justice Rajendra Kumar observed, “There are several conditions for a live-in relation to be treated as a relation in nature of marriage and in any case, a person has to be major (above the age of 18 years), although he may not be of marriageable age (21 years).”
“Hence, a child cannot have a live-in relationship and this would be an act not only immoral but also illegal,” added the bench.
Both petitioners, in their joint petition, had requested the court to quash the FIR lodged against the boy under Sections 363, 366 IPC, for allegedly abducting the girl, with an additional prayer not to arrest the boy in the case. The FIR was lodged by the family members of the girl.
“An accused who is below 18 years of age cannot seek protection on the ground of having a live-in relationship with a major girl and thus, he cannot seek quashing of the criminal prosecution against him, as his/her activity “is not permissible in law and is thus illegal,” added the court.
Taking into account the facts of the case, the court at the outset referred to recent ruling of Allahabad high court in the case of Kiran Rawat and Another vs. State of U.P. Thru. Secy. Home, Lko and Others 2023 to note that as the boy-petitioner is a Muslim, therefore, his relationship with the girl is ‘Zina’ as per Muslim law and thus, impermissible.
