The Allahabad High Court clarified that live-in relationships are not illegal and do not constitute an offence, even though the arrangement may not be
acceptable to all.
The High Court held that it is not prohibited by law, marking a reversal from its previous stance in 2023, when it referred to unmarried couples living together as a "social problem".
The single judge directed police protection for 12 live-in couples who claimed to be threatened by family members and experienced little protection from local police.
"The petitioners herein, who are major, 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 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 observed.
The court noted cases of discrimination against couples in live-in relationships are increasing, emphasising they too deserve protection from the state and the police — especially as many are moving court after approaching district police to no avail.
"Right to human life is to be treated on a much higher pedestal, regardless of a citizen being minor or major, married or unmarried. Mere fact that the petitioners have not solemnised marriage, would not deprive them of their fundamental rights as envisaged in the Constitution of India, being citizens of India," the court observed, stating legality comes before differences in personal morale.
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