Priyanka Tiwari
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The Allahabad High Court has passed a significant comment in support of the interfaith adult couple opting to live together without marriage. The court underlined that adult individuals have the constitutional right to live together irrespective of their religion or the lack of a marriage certificate.
Background of the Case
The case arises from a writ petition filed under Article 226 of the Constitution.
It was filed on behalf of a girl aged one year and four months, the child of an inter-religious live in couple.
The couple has been living together since 2018 after the woman's husband died.
Court’s Observations and Ruling
A division bench of the court, consisting of Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit, made the ruling on April 8:
You cannot deny adult couples the right to live together without marriage.
The fundamental right to spouse cohabit was upheld.
Police Action and Security Instructions
The court also observed the risk posed to them by woman's former in-laws and further instructed the Superintendent of Police Sambhal:
Process the couple's FIR for the case at Chandausi so long as they ask.
Determine the necessity for police safeguards for her and her partner.
The petitioners alleged police discrimination when they tried to submit a complaint, alleging the police did not register their FIR.
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