WRIT C No. 11108 of 2020
Kamini Devi and Another V Respondent: State Of U.P. And 4 Others
Quorum: JUSTICE ANJANI KUMAR MISHRA AND JUSTICE PRAKASH PADIA
FACTS OF THE CASE
A couple who wanted to live together received police protection after the Allahabad High Court ruled that two adults in a live-in relationship have the right to live together peacefully.
“Hon’ble Apex Court in a long line of decisions has settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together.”
During their consideration of the petition submitted by Kamini Devi and Ajay Kumar, the Allahabad High Court bench of Justices Anjani Kumar Mishra and Prakash Padia made the aforementioned observation. The court instructed SSP Farrukhabad to provide security for the couple, who had been subjected to family members’ harassment.
The petitioner argued in front of the court that despite the fact that the petitioner had previously filed a complaint with the Superintendent of Police, District Farrukhabad, no action has been taken on the matter, and the petitioners’ family members are attempting to harass them. It is further argued that:
“In view of the law laid down by the Hon’ble Apex Court from time-to-time petitioners are legally entitled to Live-in relationship without any fear or pressure more especially when they are major.“
While accepting the petition and relying on various Apex Court decisions, the Bench concluded that
“We are of the view that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. As right to life is a fundamental right insured 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.”
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JUDGEMENT REVIEWED BY AJAY ADITHIYAA N