Consenting adults have right to live together without interference: Delhi HC

The Delhi High Court has said a live-in relationship between consenting adults is akin to marriage and that parents or friends cannot interfere with their choice. The court granted police protection to a couple allegedly facing threats from the woman’s family

New Delhi: The Delhi High Court has said that a live-in relationship between consenting adults is akin to marriage and neither parents nor friends can interfere with their choice or threaten their life.

Justice Saurabh Banerjee granted police protection to a live-in couple facing threats from the girl’s family, and said the couple, being consenting adults, had “all rights to choose and reside” with a partner of their choice without interference from anyone.

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The judge, in an order passed on August 13 on the couple’s petition, observed that marriages are recognised irrespective of the caste, creed, colour, religion or faith of the consenting adults, and curtailing their fundamental rights, which are guaranteed under the Constitution, by “societal morals and prejudices” was a deprivation of one’s very individualistic identity.

“Since the petitioners have willingly, consensually and with utmost responsibility chosen to enter into a live-in relationship with each other, nobody, be it their parents/ relatives/ friends, have a right and/ or authority to cause any hinderance and/ or interfere with their choice thereof, much less threaten their life and/ or liberty,” the court said.

“The petitioners herein are though in a live-in relationship, are not legally married to each, however, being consenting adults, the same is akin to marriage,” it stated.

The petitioner couple, in their 30s, informed the court that they were living together “for a while” and also intended to marry each other.

However, the girl’s father and brother were unhappy with their relationship and were constantly threatening them with violence, the court was told.

The petitioners stated that they made a complaint to the local Station House Officer (SHO) but no action was taken.

The court stated that the Supreme Court has held that despite the absence of a wedlock, adults have the unfettered right to reside with each other as they desire.

This now has due sanctity in the eyes of law, and has even been recognised by the legislature under provisions such as the Protection of Women from Domestic Violence Act, 2005, it added.