Court Upholds Right to Cohabit
The Allahabad High Court on Tuesday provided police protection to an interfaith couple in a live-in relationship. It is declared they are free to live together. The court was hearing a plea filed by the couple’s minor daughter. The plea claimed that the mother’s former in-laws were threatening the couple.
The division bench, comprising Justice Shekhar B Saraf and Justice Vipin Chandra Dixit, observed that the couple had been living together since 2018. The child, who is one year and four months old, is their biological daughter.
Case Background: Threats from Former In-Laws
The court noted that the biological parents of the child belong to different religions. After the death of her husband, the mother began living with her current partner, the child’s biological father.
According to the plea, the mother’s former in-laws were issuing threats. The couple claimed they were living in fear and had approached the police for help multiple times.
Petitioner’s Stance: Police Ignored Complaints
The couple alleged that the police refused to register an FIR against the former in-laws. They further stated that police officers had humiliated them whenever they visited the station to file a complaint.
The plea sought the court’s intervention to ensure safety and legal protection for the family.
Court’s Ruling: Live-in Rights Protected Under Law
The bench stated that under the Indian Constitution, two consenting adults are free to live together without marriage. It cited various Supreme Court judgments supporting the right to cohabit outside wedlock.
The court emphasized that the couple, being adults, are entitled to protection under the law. It said the state must ensure their safety and uphold their constitutional rights.
Final Verdict: Police Ordered to Act
The court directed the Superintendent of Police to register the FIR if the couple approached the local station. It also ordered the SP to assess whether police protection is required for the couple and their child.
The High Court allowed the writ petition, reinforcing the legal protection available to adults in consensual live-in relationships, regardless of religion.
