New Delhi. The Delhi High Court has ruled that the relationship between adults living in a consensual live-in relationship is akin to marriage. Parents, relatives or friends cannot interfere in their choice. Nor can their life or freedom be threatened. The court also provided police protection to a live-in couple facing threats from the family.
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Justice Saurabh Banerjee passed this order on August 13 on the couple's petition. The age of the petitioner couple is more than 30 years. They told the court that they have been living together for some time and also intend to marry each other.
The court was told that the girl's father and brother were not happy with the relationship and were constantly threatening both of them with violence. The petitioners had also complained to the local police station in-charge (SHO), but no action was taken.
'No one has the right to interfere'
The court said that since the petitioners have decided to live in a live-in relationship with each other with their own free will, consent and full responsibility, no person, be it their parents, relatives or friends, has the right or jurisdiction to hinder or interfere in their choice. They have absolutely no right to threaten their life or freedom.
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The court further said that the petitioners are in live-in relationships and are not legally married to each other, but both are consenting adults, hence their relationship is tantamount to marriage.
'Fundamental rights cannot be limited by social prejudices'
Justice Saurabh Banerjee said that marriages of consenting adults cannot be denied recognition on the basis of caste, creed, colour, religion or belief. He said that limiting the fundamental rights given by the Constitution on the basis of 'social morality and prejudices' is tantamount to depriving the individual of his independent identity.
Cited the decisions of the Supreme Court
Delhi High Court said that the Supreme Court has accepted that despite not being married, adults have unlimited right to live with each other as per their wish. The court said that this right is now recognized in the eyes of law and the legislature has also recognized it under provisions like the Protection of Women from Domestic Violence Act, 2005.