The Allahabad High Court has observed that two adults in a live-in relationship have the right to cohabit peacefully and granted police protection to a couple who wanted to live together.
“Hon'ble Apex Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together.”
The above observation has made by bench of Allahabad High court comprising of Justice Anjani Kumar Mishra and Justice Prakash Padia while dealing with the petition filed by Kamini Devi and Ajay Kumar. The court passed a direction to SSP Farrukhabad to provide security to couple who has been facing harassment by family members.
The petitioner has submitted before the court that it is argued that inspite of the fact that a complaint has already been lodged by the petitioner before the Superintendent of Police, District Farrukhabad, till date no action has been taken on the same and the family members of the petitioner are trying to harass the petitioners.
It is further argued that:
"In view of the law laid down by the Hon'ble Apex Court from time to time petitioners are legally entitled to Livein relationship without any fear or pressure more especially when they are major."
The Bench while allowing the petition and placing reliance on various judgment laid down by
Apex Court, held that,
“We are of the view that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. As right to life is a fundamental right insured under Article 21 of the Constitution of India in which it is provided that no person shall be deprived of his right to life and personal liberty.”
Case details
Case: WRIT C No. 11108 of 2020
Petitioner: Kamini Devi and Another
Respondent: State Of U.P. And 4 Others
Counsel for Petitioner: Rajesh Kumar Dubey, Om Prakash Pandey
Counsel for Respondent: C.S.C.
Quorum: Justice Anjani Kumar Mishra and Justice Prakash Padia
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