In a significant ruling, the Allahabad High Court has reiterated that unmarried adults have the right to live together, even if they belong to different religions. The decision came while hearing a plea seeking safety for an interfaith live-in couple who were reportedly facing threats from the woman’s former in-laws.
The case was heard by a division bench of Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit, who observed that the couple had been living together since 2018 and had a child who is now around 1 year and 4 months old.
According to the plea filed by the minor daughter of the couple, threats were being issued by the erstwhile in-laws of her biological mother. The mother had earlier been married to another man, but after his death, she began living with the biological father of her child.
The Court took note of the couple’s concern and stated:
"The parents of the child are apprehensive of certain threats from the private respondents, who are the erstwhile in-laws of the biological mother."
The plea further mentioned that the local police had not been cooperative. Despite multiple attempts, the couple claimed that the police were refusing to file an FIR and were instead humiliating them each time they approached the station.
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While addressing the legal aspect of the case, the High Court emphasized that under the Indian Constitution, major individuals have the full right to live together, regardless of their marital status or religion.
The bench referred to various past judgments of the Supreme Court and made it clear that:
"In our view, under the Constitutional scheme, the parents, who are major, are entitled to live together, even if they have not undergone marriage."
Taking a firm stand, the Court ordered the Superintendent of Police (SP) to ensure that a First Information Report (FIR) is registered if the couple approaches the concerned police station.
The bench also instructed the police to evaluate if the couple and their child require any form of security protection, and to act according to law.
"The Superintendent of Police is directed to ensure that the FIR is registered if the parents approach the concerned police station."
"The SP shall look into the aspect whether any security is required to be provided to the child and the parents in accordance with law."
This judgment reinforces the legal protection available to consenting adults in live-in relationships and highlights the role of law enforcement in ensuring their safety and dignity.
It thus allowed the writ petition.
Case Title: X v. State Of U.P. And 7 Others
