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2023 Supreme(All) 2815

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

Advocates appeared:
For the Petitioners: Afaq Zaki Khan.
For the Respondents: G.A.

Headnote:(A) Constitution of India - Article 21 - Live-in relationships - The petitioners seek writ in the nature of mandamus to prevent disturbance by parents regarding their choice to live together - Case references include 'Lata Singh v. State of U.P.' and 'S. Khushboo v. Kanniammal' emphasizing that live-in relationships of consenting adults do not amount to any offence - The court highlighted the necessity of personal autonomy and the right to not face harassment from family - The court found that the petitioners' allegations were not substantiated with evidence of harassment or specific instances, dismissing the writ petition - The court directed that any grievances should be pursued through appropriate legal channels. (Paras 4-29)

Facts of the case:
Petitioners are major individuals living together consensually and facing threats from their parents against their relationship - They provided documents such as Aadhaar cards to support their claims of being adults. (Paras 4-10)

Findings of Court:
The court noted the lack of substantiated allegations of harassment or police interference related to their relationship, stating the writ was an inadequate forum for addressing personal disputes. (Paras 9-29)

Issues: The primary issue was whether the court could issue directions in the absence of verified claims of harassment by the respondents. (Paras 27-28)

Ratio Decidendi: The court held that writ jurisdiction cannot be used to resolve personal disputes without verified claims; such issues should be addressed through appropriate legal channels if true harassment is established. (Paras 29)

Result: Writ petition dismissed.

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

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