Interfaith live-in relationship neither prohibited nor punishable under any law: Allahabad HC
The counsel for the state government informed the court that both the petitioners were major and no FIR was registered in respect of their living together
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While allowing a petition filed by an interfaith live-in couple seeking protection from the woman’s family, the Allahabad High Court said that interfaith live-in relationship is neither prohibited nor an offence under any law.
“The mere fact that the petitioners are living in an interfaith relationship would not deprive them of their fundamental right as envisaged in the Constitution of India, being citizens of India. No discrimination can be made on the basis of caste, creed, sex or religion,” the court said.
Justice Vivek Kumar Singh allowed a petition filed by Kajal Prajapati and her Muslim live-in partner who belongs to Sonbhadra. The petitioners had sought direction for the woman’s family to not interfere in their ‘peaceful life and liberty’. They had also sought a direction to provide protection.
According to the petitioners, they had decided to stay together in an interfaith live-in relationship and they claim that they have an apprehension of life threat from the family of the woman. They said they approached police but no heed was paid. Therefore, they filed the present petition.
The counsel for the state government informed the court that both the petitioners were major and no FIR was registered in respect of their living together. The court said the petitioners are at liberty to approach the police authorities for redressal of their grievances, in case any harm is caused by private respondents or their associates.
{{/usCountry}}The counsel for the state government informed the court that both the petitioners were major and no FIR was registered in respect of their living together. The court said the petitioners are at liberty to approach the police authorities for redressal of their grievances, in case any harm is caused by private respondents or their associates.
{{/usCountry}}It further directed the police authorities concerned to examine the matter and age of the petitioners and if police find any substance in the allegations, they will act in accordance with law for protection of life and liberty of the petitioners.
{{/usCountry}}It further directed the police authorities concerned to examine the matter and age of the petitioners and if police find any substance in the allegations, they will act in accordance with law for protection of life and liberty of the petitioners.
{{/usCountry}}“The Hon’ble Apex Court as well as this Court in a catena of decision have held that live-in relation is neither prohibited nor punishable under any law. Therefore, considering Articles 14, 15 and 21 of the Constitution of India and the Act, 2021, it cannot be said that live-in relationship of an interfaith couple is an offence,” the court said.
{{/usCountry}}“The Hon’ble Apex Court as well as this Court in a catena of decision have held that live-in relation is neither prohibited nor punishable under any law. Therefore, considering Articles 14, 15 and 21 of the Constitution of India and the Act, 2021, it cannot be said that live-in relationship of an interfaith couple is an offence,” the court said.
{{/usCountry}}“This Court does not see the petitioners herein of different religion as Hindu and Muslim, rather as two grown up individuals who out of their own free will and choice are living together peacefully and happily for a considerable time. The Courts and the Constitutional Courts in particular are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India. Right to live with a person of his/her choice, irrespective of religion professed by them, is intrinsic to right to life and personal liberty,” the court observed
“Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of the two individuals,” it said in a March 18 order.
