Interfaith live-in relationship not an offence, protected under Constitution: Allahabad High Court

Prayagraj: The Allahabad High Court has held that an interfaith live-in relationship is neither prohibited nor an offence under any law, while granting protection to a couple facing threats from the woman's family.

Allowing a petition filed by Kajal Prajapati and her Muslim partner from Sonbhadra, Justice Vivek Kumar Singh observed that merely being in an interfaith relationship does not deprive individuals of their fundamental rights guaranteed under the Constitution.

"No discrimination can be made on the basis of caste, creed, sex or religion," the court said.

The couple had approached the court seeking protection from the woman's family, claiming that their pleas to police had gone unheeded.

The state government's counsel informed the court that the petitioners are majors and no FIR has been registered against them for living together.

The court said the petitioners are at liberty to approach the police for redressal of their grievances in case any harm is caused to them. It further directed police to examine the matter and the age of the petitioners.

It directed that police must act in accordance with the law if they find any substance in the allegations of the petitioners.

"A live-in relation is neither prohibited nor punishable under any law. Therefore, considering Articles 14, 15 and 21 of the Constitution of India and the Act, 2021, it cannot be said that the live-in relationship of an interfaith couple is an offence," the court observed.

In its order dated March 18, the court reiterated that live-in relationships are neither illegal nor punishable.

"This court does not see the petitioners of different religions as Hindu and Muslim, rather as two grown-up individuals who, out of their own free will and choice, are living together peacefully and happily for a considerable time." "Interference in a personal relationship would constitute a serious encroachment on the right to freedom of choice of the two individuals," it said.