Allahabad High Court Ruling on Live-in Relationships
The Allahabad High Court has ruled that live-in relationships, although not universally accepted, are not illegal and do not constitute an offence. The court emphasized the protection of life and personal liberty for adults in such arrangements, as guaranteed by the Constitution.
Case Background
- A single bench of Justice Vivek Kumar Singh addressed 12 petitions from live-in couples seeking protection from family threats and inadequate police support.
Right to Life and Liberty
- The court highlighted the precedence of the right to human life over marital status and directed authorities to ensure the safety of adult live-in couples.
- Police were instructed to provide immediate protection upon verifying the individuals' age and voluntary cohabitation.
Non-judgment of Personal Choices
- Justice Singh emphasized that the court should not judge adults' decisions to live together without marriage.
- The court affirmed that a lack of formal marriage does not negate citizens' fundamental rights.
Legality versus Social Acceptance
- The judgment clarified that the issue at hand was constitutional protection, not societal acceptance.
- Live-in relationships are not prohibited by law despite societal discomfort.
Reference to Domestic Violence Law
- The court referenced the Protection of Women from Domestic Violence Act, 2005, acknowledging non-marital relationships within its scope.
Freedom to Choose a Partner
- The court affirmed that adults have the right to choose their living arrangements without external interference.
Presumption of Marriage
- Under Section 114 of the Indian Evidence Act, cohabiting couples may be presumed married, safeguarding rights in live-in relationships.
State's Duty
- The state has a constitutional obligation to protect citizens' life and liberty.
View on Earlier Court Decisions
- The court aligned with Supreme Court rulings under Article 21, opposing earlier High Court decisions that denied protection to live-in couples.
- Justice Singh noted the absence of any offence by the petitioners as a basis for granting protection.
