The court referred to Supreme Court judgments to emphasise this point and said that such live-in relationships are not illegal when both people are major (18 years or older).
Allahabad: The Allahabad High Court has directed the police to give protection to an interfaith live-in couple while hearing a petition filed by their minor daughter, who complained of threats from her mother’s former in-laws.
A division bench comprising Justice Shekhar B Saraf and Justice Vipin Chandra Dixit noted that the couple—the girl’s biological parents—belong to different religions and have been living together since 2018. The court made it clear that adult individuals have the freedom to live together, even if they are not married.
“Even if they have not undergone marriage”
The court referred to Supreme Court judgments to emphasise this point and said that such live-in relationships are not illegal when both people are major (18 years or older).
S. Khushboo vs. Kanniammal & Anr. (2010):This judgment held that live-in relationships are not illegal and living together is a right to life. It also clarified that there’s no legal provision prohibiting adults from entering into sexual relationships outside marriage, so they don’t violate any law.
Lata Singh vs. State Of U.P. & Another (2006):This case affirmed that a major (18 years or older) individual is free to marry or live with anyone they choose. The court also ruled that no offence is committed by the accused and that the case is an abuse of the court process.
The couple told the court that they were receiving threats from the woman’s former in-laws, after she started living with her child’s biological father following her husband’s death.
“Threats from the respondents”
They also said that they had approached the police station in Sambhal (Uttar Pradesh) multiple times to file complaints, but the police refused to register any First Information Report (FIR).
According to the couple, the police also mistreated them when they tried to file the complaint.
“Humiliated”: “In light of the same, the Superintendent of Police (Sambhal) is directed to ensure that the First Information Report should be registered… if the parents approach the police station.”
The High Court took the issue seriously and gave direct orders to the Superintendent of Police (Sambhal).
“The Superintendent of Police (Sambhal) is also directed to look into the aspect whether any security is required to be provided to the child and the parents in accordance with law…”
This means the SP must check if there is a need to provide security to the couple and their minor child as per the law.
The case reached the High Court after the minor daughter filed a petition saying that her family was being harassed and threatened by her mother’s previous in-laws. The child is currently living with her biological parents in a live-in relationship, and the court acknowledged that they were being targeted.
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