INTRODUCTION
In a recent case, the MP High Court granted protection and allowed a major couple to reside together even though the young couple was less than the marriageable age. In the case at hand the court observed that the choices of both the individuals must be respected. Though they cannot enter a wedlock they have the right to live together.
The right to live with a partner without marriage is protected under Indian law through Article 21 of India’s Constitution. The article, which guarantees citizens the fundamental rights to life and personal liberty, has been broadly interpreted by the Apex Court. Through its rulings, the Court has established that Article 21’s protections extend to individuals’ freedom to choose their living arrangements, including the choice to live together regardless of whether they are married.
BACKGROUND
Both the petitioners are of the legal age 19 however Petitioner no.2 is less than the legal age 21 which is required for marriage. Petitioner no.1’s mother has expired and started living with Petitioner 2 (Boy) due to the unpleasant environment at her residence. Counsel for petitioners referred to the case of Nandakumar v. State of Kerala in which the court held that spouses who have attained the age of majority can enter into a live-in relationship without the authorization of any guardian.
The Counsel State however argued that since the parties are incapable of marrying, granting this permission to a couple of such a tender age would not be in the best interests of the society.
The Court placed reliance on Lata Singh v. State of U.P which held that Live in relationships cannot be classified as a crime though they are not socially and morally accepted in the Indian society.
KEYPOINTS
- Safeguarding Choices: It is pertinent to note that Live in Relationships in India are not governed by any law or custom in particular. Though the parties were less than the legal age there rights and choices were still accepted by the court.
- Protection of Rights: Court held that rights of both must be protected in light of the circumstances provided, the court examined the grievances of the petitioners and safeguarded their right to life and livelihood. Freedom of Choice should be safeguarded against outside interference.
- Distinction Between the Right to Marry and the Right to Cohabit: While the former may be subject to statutory age restrictions, the latter emerges from constitutional protections of personal liberty for adults who have attained majority. This precedent strengthens the legal framework protecting live-in relationships while balancing individual rights with social realities.
RECENT DEVELOPMENTS
Under Section 2(f) of the Protection of Women from Domestic Violence Act, relationships that resemble marriage in nature – including live-in partnerships are legally recognized as “domestic relationships.” Meaning, women in live-in relationships have the same legal protections against domestic violence as married women and can seek the same remedies under this law if they face abuse or violence.
The courts have made an effort to expand recognition of Live in Relationships. In the case of Soniya and Anr. v. State of Haryana and Ors. the court stated that once an individual who is major has chosen their life partner, it is for them and not any third person to object and cause hindrance to their peaceful life’
CONCLUSION
Such judicial recognition of live-in relationships, supported by legislative protections like the Domestic Violence Act, reflects India’s gradual shift toward a more inclusive understanding of domestic partnerships. It affirms that constitutional rights and protections are not contingent upon social acceptance or traditional relationship structures, but rather on the fundamental dignity and autonomy of individuals.
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WRITTEN BY: DIYAA GOSWAMI
