IMPORTANT POINT
Compliance with the U.P. Prevention of Unlawful Conversion of Religion Act and evidence of a domestic relationship are crucial factors in seeking protection for interfaith live-in relationships.

JUDGMENT :

1. Instant writ petition under Article 226 of the Constitution has been filed by the petitioners with prayer for issuing writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful married life of the petitioners as husband and wife.

2. Heard learned counsel for the petitioners, learned Standing Counsel for State respondents and perused the record.

3. It is submitted that the petitioners are major and they have fallen in love with each other. They wanted to live with each other. Parents of the petitioner No. 1 (respondent No. 4) settled the marriage of petitioner No.1 with a handicap person against her wishes which was refused by petitioner No.1. The respondent No. 4 started atrocities upon the petitioner No.1 and threatened to kill her therefore she left her house on 20.10.2023 and eloped with petitioner No. 2 with her own sweet will and they are living under the same roof since 20.10.2023. The petitioners No. 1 and 2 belongs to different castes and religion. It is submitted that the petitioners have right to take decision of their life, therefore they started living in relationship.

4. It is further submitted that the respondent No. 4 is interfering in the peaceful living of the petitioners. The petitioner No.1 made an application before the Senior Superintendent of Police, Gautam Buddh Nagar dated 25.10.2023 stating that she is living in relationship with petitioner No. 2 but respondent No. 4 without any authority of law is trying to interfere in the peaceful living of the petitioners with the help of antisocial elements. The aforesaid application is on record as annexure No. 3, however, no protection has been provided by the police authorities therefore, the present petition is filed.

5. Learned counsel for the petitioners has relied upon the judgment of Supreme Court in the cases of Lata Singh Vs. State of Uttar Pradesh and another (2006) 5 SCC 475; Shafin Jahan Vs. Asokan K.M. and Ors. reported in (2018) 16 SCC 368 to contend that when the petitioners are major they are at liberty to choose partners of their choice irrespective of caste or faith and their choice cannot be interfered with even by their parents. No one including the parents of petitioners have any right to create disturbance in peaceful living of the petitioners.

6. Learned counsel for the petitioners has also relied upon the judgment of Supreme Court in the case of Nandkumar and another Vs. State of Kerala reported at (2018) 16 SCC 620 to contend that the live in relationship is now recognized by the legislature itself and it has found its place under the provisions of Protection of Women from Domestic Violence Act.

7. Learned counsel for the petitioners has also relied upon the judgment of Division Bench of this Court in the case of Kamini Devi Vs. State of U.P Writ C No. 11108 of 2020 and Writ C No.27338 of 2023 Razia and another Vs. State of U.P. to contend that the live in relationship is no offence and if the petitioners are major, they are entitled for living in relationship.

8. Learned Standing Counsel on the other hand submitted that petitioners are interfaith couples and have not complied with the provisions of Sections 8 and 9 of the U.P. Prevention of Unlawful Conversion of Religion Act. No application for conversion has been moved, though the Act came into force on 04.03.2021. It is also submitted that the case laws relied upon by the learned counsel for the petitioners i.e., Lata Singh (supra), Shafin Jahan (supra) will not come to the aid of the petitioners since these pronouncements by the Hon’ble Apex Court are prior in time to the promulgation of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.

9. Learned Standing Counsel has relied upon the judgment of Apex Court in the case of Kiran Rawat and Another Vs. State of U.P. to contend that a muslim cannot live in relationship even as per their personal laws and judgment of the Division Bench of this Court passed in the case