Nithyakalyani Narayanan. V
The Allahabad High Court held that the law is traditionally in favour of marriage and that the Supreme Court does not encourage live-in relationships while denying protection to an inter-faith couple who are in a live-in relationship. The Court was hearing the plea for protection filed by a 29-year-old Hindu woman and a 30-year-old Muslim man, who complained that they were being harassed by their relatives and the police.
Justice Sangeeta Chandra and Justice Narendra Kumar Johari stated that “[Law] reserves many rights and privileges to married persons to preserve and encourage the institution of marriage. The Supreme Court is simply accepting a social reality and it has no intention to unravel the fabric of Indian family life”.
The division bench said that if the complainants are facing any threat to their lives or are being harassed by the family, they can file an FIR. It was also stated that the extraordinary jurisdiction of High Courts is not intended for dispute resolution between private parties.
The bench denied protection stating that the request of the couple is not to protect a legally married relationship but to protect their right as an adult to live with the person of their choice. The Court also pointed out that the Muslim law considers premarital sexual relations as ‘Haram’ and the offence is punishable under Quran with hundred lashes for the unmarried male and female.
The Court added that the youth must be aware of the emotional and social pressures and legal troubles that come along with live-in relationships, “[Live-in relationships] could give rise to various legal hassles on issues like division of property, violence and cheating within live-in relationships, rehabilitation in case of desertion by or death of a partner and handling of custody and other issues when it comes to children born from such relationships. Partners in a live-in relationship do not enjoy an automatic right of inheritance to the property of their partner”.
Advocate Jalaj Kumar Gupta appeared for the petitioner.
Name of the Case: Kiran Rawat & Anr v State of UP
Bench: Justice Sangeeta Chandra and Justice Narendra Kumar Johari.