IN THE HIGH COURT OF ALLAHABAD
SANGEETA CHANDRA, NARENDRA KUMAR JOHARI, JJ.
Kajal Singh And Another - Petitioners
Versus
State of U.P. And Others - Respondents
CRIMINAL MISC. WRIT PETITION NO. 6146 OF 2023.
Decided On : 08-08-2023
| Table of Content |
|---|
| 1. petitioners are consenting adults in a live-in relationship. (Para 4 , 5 , 6 , 7 , 10) |
| 2. legal recognition of live-in relationships and personal freedoms. (Para 8 , 9 , 11) |
| 3. judicial perspectives on live-in relationships and social morality. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. legal implications of live-in relationships under various laws. (Para 21 , 22 , 24) |
| 5. court's discretion in intervening in private disputes. (Para 25 , 26 , 27 , 28) |
| 6. writ petition dismissed; suggestion to seek legal recourse. (Para 29 , 30) |
JUDGMENT
Sangeeta Chandra, J.
Supplementary affidavit filed today is taken on record.
2. Heard the learned counsel for the petitioners, learned A.G.A. for the State/respondents Nos.1 to 3 and perused the record.
3. The writ petitioners have come before this Court praying for a writ in the nature of mandamus to be issued to the respondents not to disturb the peaceful living of the petitioners.
4. The petition has only Fourteen paragraphs.
5. The relevant facts are stated in paragraphs 4 to 10, which are being quoted herein below:-
"4. That, fact giving rise to the present petition are that the petitioners 1 and 2 are major by age as per adhar card date of birth of the petitioner no.1, 26.10.1998 approximately she is aged about 25 years and petitioner no.2 his date of birth as per adhar card is 06.08.1997 and he is aged about 26 years of age as such both are major and living together out of their own free will and without any kind of pressure or fear. Copy of adhar card of both the petitioners are being annexed as annexure no.1 to this writ petition.
5. That, as a matter of fact petitioners are resident of District Lucknow and petitioner no.2 is doing private job and petitioner no.1 is also working in a private company, both fell in love and decided to live together with each other without any kind of any pressure and without converting their religion.
6. That, petitioner no.1 has passed her high school/ 10th examination in the year 2014 and from her mark-sheet it is evident that her date of birth is 26.10.1998, meaning thereby she is completely major and competent to think about her future. Copy of high school mark-sheet of petitioner no.1 is being annexed as Annexure no.2 to this writ petition.
7. That, it is further respectfully submitted that petitioners are living together under the same roof without any kind of pressure or force, as such they are in live-in relationship for the last few months, photographs of the petitioners are being annexed showing their closeness. Copy of photographs of both the petitioners are being annexed as Annexure no.3 to this writ petition.
8. That, in the matter of "Lata Singh v. State of U.P and another" reported in 2006 Cr.L.J. Hon'ble Supreme Court has observed in the judgment that concept of live-in relationship between two consenting adults does not amount to any offence.
9. That, it is further respectfully submitted in the matter of S.Khushboo v. Kannia Mal Hon'ble Apex Court gave legal recognition to the live-in relationship and Hon'ble Court further held that live-in relationships are permissible and the act of two adults living together in any case can not be considered illegal and unlawful and Hon'ble Court further observed that a live-in relationship comes within the ambit of right to life enshrined under Article-21 of the Constitution of India.
10. That ,it is further respectfully submitted parents of the petitioners i.e. opposite party no. 4 and 5 are against the live-in relationship of the petitioners therefore they have started harassing the petitioners and threatening for dire consequences by saying that " you people will tarnish our image in the society" while it is totally unconstitutional as petitioners are major by age and competent to think about their future and they are educated and they have taken decision about their life out of their own sweet will."
6. In short, it has been stated that the petitioner no.1 Kajal Singh, is major and
Vidhyadhar v. Sukhrana Bai 2008 (2) SCC 238
D Velusamy v. D Patchaiammal 2010 (10) SCC 469
Dhanu Lal v. Ganesh Ram 2015 (12) SCC 301
Lata Singh v. State of UP AIR 2006 SC 2522, 2006 Cr.L.J.
AI
Live-in relationships are legally recognized, and individuals have the right to choose partners, protected under Articles 19 and 21 of the Constitution.
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.
Live-in-relationships are recognized as part of the right to life and personal liberty under Article 21, but lack specific legal recognition, necessitating legislative action for protection.
The court ruled that a live-in relationship cannot be protected under law if one party is a minor at its inception and no application for conversion has been filed as mandated by the Uttar Pradesh Pr....
The main legal point established in the judgment is that the protection of live-in-relationships must comply with the statutory provisions, including the requirement for conversion under the Uttar Pr....
The legal point established is the requirement for a live-in relationship to fulfill conditions akin to marriage and the need for evidence of a permanent relationship to be considered for protection ....
A legally wedded spouse cannot enter into a live-in-relationship without seeking divorce, as it contravenes existing marriage laws and societal norms.
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