Big decision of Allahabad High Court regarding live-in couple, relationship cannot be an alternative to marriage.

New Delhi: Can a couple in a live-in relationship get police protection if the male partner is below the legal age of marriage of 21 years? One such case came before the bench of Justice Garima Prasad in Allahabad High Court. In response, the High Court rejected the writ petition filed by the live-in couple seeking police protection.

what did the court say

The court said that it cannot provide protection in a way that encourages a relationship that acts as an alternative to marriage. Under the current legal framework, such marriages are not currently considered valid. The court further said that since the male petitioner is 19 years old, he will be considered a ‘child’ in the context of marriage under the Prohibition of Child Marriage Act, 2006.

Know what is the matter

This petition was filed by a couple who claimed that they were living together in a live-in relationship. In this case, petitioner No. 1 is a 20-year-old female from the Muslim community, while petitioner No. 2 is a 19-year-old male from a Hindu family with Scheduled Caste (SC) background.

Accused of threatening father

The petitioners alleged that the girl’s father was threatening them and pressurizing them to end their relationship. He sought directions from the court that family members be prevented from interfering in their living together and protection of their life and liberty be ensured under Article 21 of the Constitution.

Minimum age for marriage must be 21 years

He also admitted that they could not marry under the Special Marriage Act 1954 because the male petitioner had not yet completed the minimum age of marriage of 21 years. Counsel for the petitioners argued that since both the parties are adults (above 18 years of age), they have the right to live with the person of their choice, whether in or out of marriage. He cited the previous orders of the court, in which protection was given to live-in couples.