Source - Bar and Bench
In a long line of judgments, the Supreme Court has settled the law that where a boy and a girl are significant, no one, including their parents, has the right to interfere with their living together,' said the High Court. Live-in relationships in India, while not socially tolerated, do not constitute any offence under law, the Allahabad High Court recently ruled that two adults consenting (Kamini Devi v. State of Uttar Pradesh). The High Court held that in a long line of rulings, the Supreme Court settled the rule that where a boy and a girl are essential and live together of their own will, no one even their parents, has the right to interfere with it.
"Live-in relationship is a relationship that has not been considered acceptable in India, unlike many other countries. In the case of Lata Singh vs. State of UP [(2006) 2 SCC (Cri) 478], it was noted that a live-in relationship between two consensual acts of heterosexual sex does not contribute to any offence even though it may be perceived as immoral," the Court noted. In a petition filed by a couple in a live-in relationship who had sought advice to ensure that the family members of the woman did not threaten them in any way, the order was passed by the Bench of Justices Anjani Kumar Mishra and Prakash Padia. Kamini Devi, petitioner no. 1, had argued that her family was forcefully attempting to solemnise her marriage to older men against her wishes.
The Court was further informed that she had no choice but to live away in her personal interest when the woman came to know of such a situation and she agreed to live with petitioner no. 2, Ajay Kumar, on her own free will and without fear and coercion. The petitioners' Aadhaar cards showed that they were 24 and 28 years old, respectively. It was argued that for the last six months, the petitioners had been happily living with each other but the respondent family was not satisfied with them and tried to threaten them. In its judgement, the court noted that according to the records, on March 17, 2020, the petitioners had filed a complaint with the Superintendent of Police, Jahanganj, Farrukhabad District, requesting that they be provided with the required security, but no action has been taken on the complaint to date. In the light of the same scenario, the High Court ordered that the petitioners be given police protection if they demanded the same.
The Court also clarified, however that the family members of the respondent are entitled to file an application for recall of the order if the documents placed on the petitioners' record are fabricated or falsified. Recently, the Allahabad High Court ruled that, regardless of religion, the right to live with a person of choice is inherent in the right to life and personal freedom.