Why Allahabad HC's Take On A Live-In Relation Case Is Problematic

The Allahabad High Court rejected a plea put forth by an interfaith live-in couple who were seeking police protection while continuing their live-in relationship.

As reported by Live Law, in its ruling, the court made an observation that such relationships are often rooted in infatuation for the opposite gender and lack sincerity, frequently amounting to casual dalliances.

Court Observations

While acknowledging that the Supreme Court has affirmed the validity of live-in relationships in several instances, the bench, comprising Justice Rahul Chaturvedi and Justice Mohd went on to emphasise that within the brief duration of two months, and considering the young age of the individuals involved (20-22 years), the court could not anticipate that the couple would engage in serious contemplation about this type of temporary relationship.

These comments were made by the bench in the context of a case involving a joint petition from a Hindu girl and a Muslim boy. They were challenging an FIR filed against the boy (by the girl's aunt) under Section 366 IPC and also sought police protection since they had chosen to maintain a live-in relationship.

While denying protection to an inter-religious #LiveIn Couple, the #AllahabadHighCourt recently observed that such relationships are "more of infatuation against opposite sex without any sincerity."

"Our experience shows that such relations often result in timepass...": HC pic.twitter.com/8guiZKYudu

— Live Law (@LiveLawIndia) October 22, 2023

The bench went on to express that the High Courts' writ jurisdiction, which is an extraordinary form of jurisdiction, is not intended for resolving disputes between private parties. Furthermore, the court suggested that the petitioners have the option to file a first information report (FIR) if they feel their lives are threatened due to harassment from their relatives.

Previous Orders From Allahabad HC

Earlier in June this year, the high court declined protection for an interfaith couple engaged in a live-in relationship. The court noted that although the Supreme Court has recognized live-in relationships as a social reality, it hasn't actively endorsed or promoted them.

A bench consisting of Justices Sangeeta Chandra and Narendra Kumar Johari pointed out that the legal framework has traditionally favoured marriage, and the Supreme Court's comments on live-in relationships in various cases were not intended to undermine the traditional structure of Indian family life.

Are Live-In Relationships Still Taboo?

The Allahabad High Court's decision raises significant questions about the evolving landscape of relationships and the role of the legal system in acknowledging and accommodating these changes.

It is essential to recognise that the concept of live-in relationships is relatively modern in India. As societal norms evolve, so do the dynamics of personal relationships. Young adults, such as the couple in question, may choose to explore their emotional and romantic connections in non-traditional ways.

These relationships can be based on genuine affection, shared values, and mutual respect, just as traditional marriages can. It is not accurate or fair to dismiss all live-in relationships as mere infatuation or as time passes.

The court's observation that a couple's age of 20-22 years and a duration of two months are insufficient for a "serious" relationship is subjective. People of this age often make profound life decisions and form meaningful, long-lasting connections. It is not the court's role to impose a specific timeline or criteria for the validity of personal relationships.

The Allahabad High Court's decision, with its sweeping generalisations about live-in relationships, invites scrutiny and debate. It raises questions about the judiciary's role in recognising the evolving nature of personal relationships and the need for a more nuanced understanding of what constitutes a "serious" and sincere connection between individuals.

As society progresses, our legal system must adapt to reflect the complexities of modern relationships and the diverse ways in which people choose to express their love and commitment.

Views expressed by the author are their own.

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