"We are not against live in relationship:" Allahabad High Court orders police protection to couple

A Allahabad High Court Bench of Justices Kaushal Jayendra Thaker and Dinesh Pathak on June 18 clarified that it is not against live-in relationships, granting protection to a couple in such a relationship (Smt. Chhaya and Anr. v. State of UP).The clarification came since the same Bench had, on June 15, rejected a plea by a couple in live-in relationship seeking protection. The Court on June 18 clarified that the reason for rejecting that plea was that one of the petitioners in that case was married to another person. "We are not against the live in relation. Yesterday we have rejected a matter seeking protection by a couple who wanted to live in relation. The reasons were that the protection to live in relation was sought for by the petitioners during subsistence of marriage of one of the petitioners," the order passed on June 18 said. .The clarification came while hearing a petition by a couple seeking protection from the court apprehending that they would be harassed and would not be permitted to live in peace by their families.The petitioners had, during the pendency of the petition, also gotten married at Arya Samaj Temple. The Court after recording the submissions of the petitioners proceeded to order the police to grant protection to the couple. "In this case, both the petitioners are at marriageable age. They wanted to live in relation but subsequently they have married each other. Hence, in view of the decision of Apex Court in Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 and as per the Government Order dated 31.8.2019, the police shall grant them protection after verifying all the documents.".The Court had on June 15 rejected plea of a couple noting that the woman was married to another person and that it cannot "permit illegality"..Delhi High Court upholds order of interim maintenance awarded to woman claiming to be in live-in relationship with married man.The Court had said in that case that while Article 21 of the Constitution of India guarantees liberty to individuals, such liberty has to be within the ambit of law which applies to them."Petitioner no. 1, has mentioned in the petition, is the legally wedded wife of respondent no. 5 and she has for whatever reasons decided to go away from her husband, can we permit them to live-in-relation under the guise of protection of life and liberty. Therefore, we fail to understand how such a petition can be allowed to permit illegality in the society," the Court asked.It further demanded whether it can grant protection to the people who want to commit what can be said to be an act which is against the mandate of the Hindu Marriage Act“Can we grant protection to the people who want to commit what can be said to be an act which is against the mandate of the Hindu Marriage Act. Article 21 of the Constitution of India may permit a person to have own liberty but the liberty has to be within the ambit of law which applies to them,” the Court had observed. .[Read June 18 order]