PRAYAGRAJ: The Allahabad high court has observed that adult live-in couples are free to live together without interference from anybody, even their parents. The court directed the police authorities to provide full protection to a couple which had approached it against harassment by the girl's family members.
Allowing a writ petition filed by Farrukhabad's Kamini Devi and Ajay Kumar, a division bench comprising Justice Anjani Kumar Mishra and justice Prakash Padia observed, “The apex court in long line of decisions has settled the law that where a boy and girl are major and they are living with their free will, then nobody -- including their parents -- has authority to interfere with their living together.”
“As right to live is a fundamental right under Article 21 of the Constitution of India in which it is provided that no person shall be deprived of his right to life and personal liberty,” observed the court.
The court further directed that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the senior superintendent of police (SSP), Farrukhabad, with self-attested computer generated copy of this order downloaded from the official website of the high court, Allahabad. "The SSP shall provide immediate protection to them," the court said.
Petitioner Kamini Devi, 24 and Ajay Kumar, 28, fell in love around one year ago.
In the present petition, filed by them together, they alleged that the respondents — family members of Kamini Devi — are forcibly trying to solemnize her marriage with an old person against her wishes.
According to the petition, when petitioner Kamini Devi came to know about it, she had no option but to start living with Ajay Kumar, hence they entered into a live-in relationship. It was all without any fear or pressure.
It was further stated in the writ petition that petitioners are living with each other happily in the capacity of "live-in relationship" for the past six months.
It is alleged family members of Kamini Devi are not happy with this live-in relationship and have been harassing both of them.
Perturbed over the harassment, they filed complaints before the superintendent of police (SP), Jahanganj of Farrukhabad district on March 17, 2020, stating all these facts, with a request to provide necessary protection to them.
However, they alleged that despite the complaint, no action was taken by the police so far and the family members of Kamini Devi are still harassing the petitioners. Hence they together filed the present writ petition.
The petitioners took the plea that in view of the law laid down by the apex court from time to time, the petitioners are entitled to live together in the capacity of ‘live-in relationship’ without any fear and pressure, especially when they are major and can make their own decisions.
They requested the court to direct the respondent family members not to harass them in any manner and also restrain them from interfering in their peaceful life and personal liberty.
The court delivered this decision on November 23 and came to light on December 2.