Live-in Relationship not a crime, adults have right to choose: Allahabad HC

Prayagraj | Desk: The Allahabad High Court, in a significant ruling, has clarified that living in a live-in relationship is not a crime. The court stated that, irrespective of societal norms and preferences, the Constitution grants every adult citizen the right to live their life according to their own will. Justice Vivek Kumar Singh's single-judge bench issued this order while hearing 12 separate petitions filed by live-in couples who claimed to be facing threats to their lives from their families and sought police protection.

The court stated that when two adults decide to live together of their own free will, it is not the court's role to question their personal choices. The High Court emphasized that the right to life and personal liberty under Article 21 is paramount, whether the individuals are married or unmarried.

The court issued strict instructions to the police administration, directing them to provide immediate protection to any adult couple who approaches them for security, after verifying their age and voluntary consent. If documentary proof of age is not available, the police should verify the age through an ossification test or other legal means.

In his judgment, Justice Singh also referred to the Domestic Violence Act, 2005, which provides legal protection and maintenance rights to women living in "domestic relationships" without marriage. Additionally, the court cited sections of the Indian Evidence Act, stating that if a couple lives together for a long period as husband and wife, the law presumes their marriage to protect the rights of the children born from that relationship and the woman.

The High Court concluded its judgment by clarifying that it disagreed with previous judgments that had denied protection to live-in couples. The court reiterated that it is the constitutional duty of the state to protect the life and liberty of every citizen, regardless of whether society approves of their lifestyle.