Parents cannot interfere in children’s right to choose partners and live in relationship, says Allahabad High Court
The counsel for the petitioner submitted that both the petitioners were major and they were residing together peacefully out of their own free will in a live-in-relationship.
The Allahabad HC recently gave a judgement where it said that the Parents cannot inter-faith couple had the freedom to live together and that “no person, including their parents or anyone acting on their behalf, shall be permitted to interfere in their peaceful live-in-relationship”.
The bench of the Supreme Court said that in case any disturbance is caused in the peaceful living of the couple then they shall approach the superintendent of police with a copy of the order of the HC and they shall provide immediate protection to the couple.
No one, including their parents or anyone on their behalf, can interfere with this right.
Referring to the rulings of the Supreme Court, the single judge bench said, “…it is clear that a boy or girl, who have attained majority, is free to marry or live with a person of his/her choice and no one including his/her parents or anyone on their behalf can interfere in their right to freedom of choosing a partner which emanates from Right to Life and Personal Liberty guaranteed under Articles 19 and 21 of the Constitution of India.”
The court also refuted the argument put forth by the state counsel that a division bench decision of the high court in Kiran Rawat and another vs. State of UP (2023) had refused to provide protection to couples residing together in a live-in relationship.
The court said that from the perusal of the judgment in the case, it was apparent that the court had not said that the couple residing in a live-in relationship was not entitled to protection from the court. Rather, it was due to different circumstances that the court denied protection.
The court passed the order in a plea moved by an interfaith couple seeking a direction in the nature of mandamus to the private respondent not to interfere in their peaceful living. The counsel for the petitioner submitted that both the petitioners were major and they were residing together peacefully out of their own free will in a live-in-relationship. The counsel apprised the court that the mother of the girl and her family members were averse to the petitioners’ live-in relationship and they were harassing and disturbing the petitioners.
The counsel submitted that the mother of the girl had threatened the couple with dire consequences and therefore, they had apprehension of honour killing from her family members. He further informed that the boy had moved an application before the Commissioner of Police, Commissionerate Gautam Budh Nagar seeking protection but to no avail. On the other hand, the couple’s plea was opposed by the counsel appearing on behalf of the State who submitted that both petitioners belonged to different religious groups and living in live-in-relationship is punishable as Zina (Adultery) in Muslim personal law.
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