Granting police protection to the couple, who had approached the court after continually being harassed by the family for living together, the Allahabad High Court on Monday, November 30, observed that live-in relationship between two consenting adults is not an offence.
A division bench of Justices Anjani Kumar Mishra and Prakash Padia observed that nobody, including their parents, has the authority to interfere with two adults living with their free will, reported LiveLaw.
"Live-in relationship is a relationship which has not been socially accepted in India, unlike many other countries. In the case of Lata Singh vs. State of U.P. reported in (2006) 2 SCC(Cri) 478, it was observed that a live-in relationship between two consenting adults of heterosexual sex does not amount to any offence even though it may be perceived as immoral", the Bench said.
The Domestic Violence Act has also been enacted to protect women in live-in relationships, the Act covers couples having relationships in the nature of marriage.
The Bench observed while hearing a writ petition filed by Kamini Devi (24) and Ajay Kumar (28) of Farrukhabad.
According to reports, the couple has been living together for the last six months. However, Devi's parents were harassing the couple, attempting to solemnise her marriage with another man.
Taking facts and circumstances of the case into consideration, the Bench said Devi and Kumar had all the rights to live together without any interference, and right to life is the fundamental right given by the Constitution to the citizens of this country.