Live-In Relationship Between Consenting Adults Not An Offence: Allahabad High Court

OVERVIEW

• The Allahabad High Court on Wednesday 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, they do not amount to any offence under law.
• The court's order was based on a petition filed by a couple seeking protection from harassment by the woman’s family. The petitioners, aged 24 and 28, told the court that they had been living together for six months.
• Granting police protection to the couple, who had approached the court after continually being harassed by the family for living together, the Allahabad High Court on Monday, November 30, observed that live-in relationship between two consenting adults is not an offence.
• The case was Kamini Devi & Anr. vs. State of U.P. & 4 Ors.

FURTHER DETAILS

• The woman informed the court that her family had been forcing her to marry another man so she went to live with her boyfriend. The couple sought police protection in March but no action was taken on their request.
• "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 court noted that even the Supreme Court, in several verdicts, had upheld the right of consenting adults to live together and ruled that the families had no authority to interfere in their living arrangement.
• The bench also directed the petitioners to approach the police if they face any trouble and 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.

THE COURT'S FURTHER STATEMENTS

"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.

However, the Court also clarified that the respondent family members are at liberty to file application for recall of the order if the documents brought on the record by the petitioners are fabricated or forged.

WHAT DO YOU THINK ABOUT LIVE-IN RELATIONSHIPS? LET US KNOW YOUR VIEWS IN THE COMMENTS BELOW!