Rajasthan High Court Upholds Right to Live-in Relationships

Court Directs Police to Ensure Protection for Couples Facing Threats Over Live-in Relationships

In a significant ruling, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, reaffirmed the rights of individuals in live-in relationships, emphasizing their entitlement to protection of life and liberty under Article 21 of the Indian Constitution. The judgment came in the case of Priya Suman and others versus the State of Rajasthan, highlighting the legal recognition of live-in relationships and the necessity of safeguarding personal freedoms.

The petitioners, Priya Suman and her partner, both adults, sought police protection due to threats from their families, disapproving of their decision to live together outside wedlock. The court was informed that despite their representations to the local police, no action had been taken, prompting them to seek judicial intervention.

Justice Dhand underscored that live-in relationships between consenting adults are not illegal, referencing legislative recognition under the Protection of Women from Domestic Violence Act, 2005. The court cited precedents, including judgments from the Supreme Court, affirming that individuals in such relationships cannot be deprived of their fundamental rights due to societal disapproval.

Despite the male petitioner being below the legal marriageable age of 21, the court noted that their relationship is protected under the law, aligning with previous rulings that have recognized the rights of adults to choose their partners and live together, even if not married. The judgment reiterated that the couple's safety and personal liberty are paramount and must be protected by the state.

The court directed the Rajasthan Police, under Section 29 of the Rajasthan Police Act, 2007, to assess the threat to the petitioners and provide necessary protection. This decision reinforces the judiciary's role in upholding constitutional rights against societal and familial pressures.

Bottom Line:

Live-in relationship between two consensual adults is not illegal, and individuals in such relationships are entitled to protection of their life and liberty under Article 21 of the Constitution of India.

Statutory provision(s): Article 21 of the Constitution of India, Protection of Women from Domestic Violence Act, 2005, Sections 5 and 12 of the Hindu Marriage Act, 1955, Section 29 of the Rajasthan Police Act, 2007.

Priya Suman v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2817852