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Akanksha

Born with a million-dollar dream to serve the society, Akanksha is pursuing her career in legal studies and currently, she is a 2nd year BA.LLB student from Narsee Monjee Institute of management studies, NMIMS, School of law. A solitary historical traveller by hobby, she has developed a keen interest in content writing from a very early stage of legal education. Akanksha has written a few articles and research paper that pertains to a different field of law and exhibits her art of writing.

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"Cohabitation between two consenting heterosexual adults doesn’t amount to any offence," Says Allahabad High Court.

This verdict was passed by a Bench of Justices Anjani Kumar Mishra and Prakash Padia in a writ petition case filed by Petitioner no.1 Kamini Devi along with Petitioner no.2 Ajay Kumar, seeking order to ensure that the family members of Kamini Devi do not interfere and harass them in any manner.

Allahabad High Court

Setting aside societal norm and acceptability, Allahabad High court in Kamini Devi v. State of Uttar Pradesh case held that “ live-in relationship among two consenting  major heterosexual couple don’t amount to any offence under law, hence no person including their guardian are allowed to interfere in their cohabitation.  

In view of the laws laid down by the Apex court from time to time,  major couples are legally entitled to live together without any fear or pressure: Petitioner argued  

This verdict was passed by Bench of Justices Anjani Kumar Mishra and Prakash Padia in a writ petition case filed by Petitioner no.1 Kamini Devi along with Petitioner no.2 Ajay Kumar, seeking order to ensure that the family members of Kamini Devi do not interfere and harass them in any manner. 

The Petitioner submitted before the court that, She being a major was forced by her family to marry an old man without her consent. Consequently, she decided to move into a live-in relationship with Petitioner no.2 Ajay Kumar who is also a major. Now, from past 6 months, both of them are living together freely without pressure. 

Further, the Petitioner submitted that though they are happy with each other, the respondents are not happy and are trying to harass them, agitated by the same a complaint was also registered by the petitioner to the SP of Jahangan District, Farrukhabad    with   a   request   to provide the necessary protection. still, no action has been taken  and the family members of the Petitioner no.1 are still trying to harass them.  

The Petitioner further argued that in view of the laws laid down by Hon’ble Supreme Court of India from time to time,  petitioners are legally entitled to live together without any fear or pressure especially when they are major as per the Adhaar card they present before the court. 

Though live-in-relationship has is perceived to be immoral and unacceptable by the society  still, a live-in-relationship between two consenting adults is not an offence as per the law: Allahabad High Court 

In view of the contentions made the Petitioner and the in line with the verdicts of the Supreme Court the bench held that “ it is a settled law that when a heterosexual couple are major and decided to live together on their free consent, no one is allowed to interfere including their guardian. Relying upon the judgement of Lata Singh vs. the State of UP [(2006) 2 SCC (Cri) 478 case the bench further said that though live-in-relationship has is perceived to be immoral and unacceptable by the society still, a live-in-relationship between two consenting adults is not an offence as per the law of land.  

In light of the fact that a complaint was filed by the petitioner addressed to the Superintendent of Police, Jahanganj, District Farrukhabad on March 17, 2020, seeking protection and no action has been taken till date,  It is ordered that necessary police protection be provided to the petitioners if they request for the same. 

However, while delivering the judgement, the  bench  clarified that the respondents are at liberty to file an application for recall of the order if the documents brought on the record by the petitioners are forged or fabricated  

 

Disclaimer: The views expressed in the article above are those of the authors' and do not necessarily represent or reflect the views of this publishing house



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