Allahabad HC says Art 21 above marital status, grants protection to live-in couples

Lucknow: In a significant judgement, the Allahabad High Court has said that Article 21 of the Indian Constitution, which guaranteed the fundamental ‘Right to protection of life and personal liberty’, was above the marital status as it granted protection to a dozen live-in couples.

A single bench comprising Justice Vivek Kumar Singh said that the concept of a live-in relationship might not be acceptable to all, but it could not be said that such a relationship was an illegal one or that living together without the sanctity of marriage constituted an offence.

‘’Even under The Protection of Women from Domestic Violence Act, 2005, a woman who is in a domestic relationship has been provided protection, maintenance etc. It is interesting to note that the word wife has not been used under the said Act. Thus, the female live-in-partners and the children of live-in-couples have been accorded adequate protection by the Parliament,’’ the court said in its judgement delivered on Wednesday.

‘’Article 21 as enshrined in the Constitution of India provides for its citizens a right to life and personal liberty, with a stipulation that they shall not be deprived of it except according to a procedure established by law. The right to exercise Assertion of choice is an insegregable facet of liberty and dignity. Once an individual, who is a major, has chosen his/her partner, it is not for any other person, be it a family member, to object and cause a hindrance to their peaceful existence,’’ it added.

The court said that It was for the State at this juncture, to ensure their protection and their personal liberty.

‘’It would be a travesty of justice in case protection is denied to persons who have opted to reside together without the sanctity of marriage and such persons have to face dire consequences at the hands of persons from whom protection is sought,,’’ it said.

‘’The petitioners herein have taken a decision to reside together without the sanctity of marriage and it is not for the courts to judge them on their decision. If the petitioners herein have not committed any offence, this court sees no reason as to why their prayer for grant of protection cannot be acceded to,’’ the court said.

The court also referred to earlier judgements rendered by the Coordinate Benches, who have denied protection to couples who are in live-in relationship, and said that ‘this court is unable to adopt the same view’.