Court Directs Police to Ensure Safety of Couple Against Harassment from Relatives
In a landmark decision, the Delhi High Court, presided over by Justice Saurabh Banerjee, delivered a verdict on February 24, 2026, reinforcing the protection rights of consenting adults in live-in relationships. The case, titled "Kartik v. State of NCT of Delhi," centered around a petition filed by Kartik and his partner, who sought protection from threats and harassment allegedly posed by the father of one of the partners.
The court acknowledged the petitioners, both adults born in 2006 and 2007, have entered into a Live-in Relationship Agreement on February 17, 2026. Justice Banerjee underscored that the couple, being consenting adults, possess the fundamental right to reside together as per their choice, without interference from any third party, including family members.
Citing precedents like "Nandakumar v. State of Kerala" and "Shafin Jahan v. Asokan K.M.," the court observed that live-in relationships, though not equated to marriage legally, are recognized and protected under the law. The court emphasized that societal morals and prejudices should not infringe upon individuals' rights to life and liberty as enshrined under Articles 19 and 21 of the Constitution of India.
The petitioners, fearing grave harm from the father of one partner, sought a writ of mandamus under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court ordered the local police authorities, including the SHO and Beat Constable, to provide necessary assistance and ensure the couple's safety.
Justice Banerjee made it clear that any hindrance or threat to the petitioners' life and liberty by anyone, including their relatives, is unacceptable. The judgment further directed that if the couple decides to move to another jurisdiction, they must inform the respective police authorities within three days to ensure continuous protection.
This ruling is a significant stride in affirming the rights of individuals in non-traditional relationships, reinforcing that the law upholds personal freedom and choice against societal pressures.
Bottom Line:
Protection of consenting adults in live-in relationships - Petitioners entitled to protection against harassment or threats from relatives or others under Article 21 of the Constitution of India.
Statutory provision(s): Articles 21 and 19 of the Constitution of India, Article 226 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Kartik v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2861320
