Allahabad High Court Upholds Live-In Relationships, Grants Protection to Couples

Court reaffirms the fundamental rights of individuals in live-in relationships, emphasizing Article 21 of the Indian Constitution.

In a landmark judgment, the Allahabad High Court, presided over by Justice Vivek Kumar Singh, reinforced the legality and protection of live-in relationships under Indian law. The court addressed multiple writ petitions filed by couples seeking protection from threats posed by family members and societal disapproval due to their choice to live together without marriage.

The judgment underscores the notion that live-in relationships are not illegal in India. It is backed by the fundamental rights enshrined in Article 21 of the Constitution, which guarantees the right to life and personal liberty. The court emphasized that adults have the autonomy to choose their partners and live together, irrespective of societal norms that may view such relationships as immoral.

The court discussed several Supreme Court precedents, including Badri Prasad v. Deputy Director of Consolidation, which recognized long-term live-in relationships as akin to marriage. The judgment also referenced the Protection of Women from Domestic Violence Act, 2005, which acknowledges live-in relationships, ensuring women in such relationships are entitled to protection and maintenance.

In the face of societal stigma, the court highlighted that societal morality cannot override constitutional rights. It reiterated that the police must provide protection to couples in live-in relationships whenever a credible threat to their safety is perceived, aligning with the principles laid out in Lata Singh v. State of UP and other significant cases.

Justice Singh's judgment also addressed the presumption of marriage under Section 114 of the Indian Evidence Act and its equivalent in the Bhartiya Sakshya Adhiniyam, 2023, which protects the rights of women and children in long-term live-in relationships.

The decision was lauded for upholding individual liberty and personal choice over societal pressures, marking a significant step towards modernizing the Indian judiciary's approach to evolving social norms.

Bottom Line:

Live-in relationships are not illegal under Indian law. Adults in a live-in relationship are entitled to protection of their fundamental rights under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.

Statutory provision(s): Article 21, Article 19 of the Constitution of India, Protection of Women from Domestic Violence Act, 2005, Indian Evidence Act Section 114, Bhartiya Sakshya Adhiniyam, 2023 Section 119(1)

Akanksha v. State of U.P., (Allahabad) : Law Finder Doc Id # 2823121