The Allahabad High Court has affirmed the right of consenting adults in live-in relationships to state protection, stating that their unmarried status does not deprive them of fundamental rights.

Background of the Case

• 12 petitions were filed by women in live-in relationships fearing threats to their lives.
• Petitioners claimed local police ignored their earlier pleas for protection.
• All cases were clubbed and heard together by the Allahabad High Court.
• The judgment contrasts with an April 2023 ruling by an Allahabad HC division bench that denied protection to a live-in couple.

Key Ruling & Directives of the Allahabad High Court

Court’s Core Observations

• Live-in relationships are not illegal and cohabitation without marriage is not an offence.
• The State has a constitutional duty to protect the life and liberty of every citizen, regardless of marital status.
  • The HC emphasized that constitutional rights apply equally to all citizens.
• The present order clarified that the earlier judgment of April 2023 was not in line with Supreme Court views and facts differed.
• The court referred to the Protection of Women from Domestic Violence Act, 2005, which covers women in domestic relationships without using the term “wife.”
• The court acknowledged that live-in relationships remain a subject of moral debate in India but stressed that individual liberty is paramount.
  • Personal choices of consenting adults cannot be judged by the courts or interfered with by others.

Legal Status of Live-in Relationships in India

• Constitutional Right: The right to cohabit with a partner of choice is protected under Article 21 (Right to Life and Personal Liberty).
• Judicial Stance: The Supreme Court has consistently held that a live-in relationship is not illegal or a crime, even if it is socially unacceptable.
• Key Protection: The Protection of Women from Domestic Violence Act, 2005 extends to women in a “relationship in the nature of marriage”.

Rights Granted (with Caveats)

• Maintenance: A woman can claim financial support under the Domestic Violence Act or Section 125 of the CrPC, provided the relationship meets certain criteria.
• Protection & Residence: A woman has the right to seek protection orders and cannot be evicted from the “shared household”.
• Children’s Status: Children are considered legitimate and have inheritance rights to their parents’ property.
• Police Protection: Courts can order police to protect couples from threats or harassment.

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Legal Limitations

• Inheritance: Partners have no automatic right to inherit each other’s property unless named in a will.
• Property Division: Rights to property acquired during the relationship are not automatic and depend on proof of contribution.
• Social Benefits: Partners generally cannot access benefits like family pension or tax benefits available to married couples.

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