"They Are Entitled To Live Together, Even If They Have Not Undergone Marriage.”: Allahabad HC Relief To Interfaith Couple
The petitioners expressed apprehension of threats from private respondents, who are the former in-laws of the biological mother.
The Allahabad High Court came to the rescue of an inter-faith couple holding that under the constitutional framework, consenting adults have the right to live together even without a formal marriage.
The matter pertains to a minor child, aged one year and four months, represented through her biological parents. The parents, belonging to different religions, have been cohabiting since 2018. It was submitted that the biological mother began residing with the biological father following the demise of her erstwhile husband. The petitioners expressed apprehension of threats from private respondents, who are the former in-laws of the biological mother.
The Division Bench of Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit said, “In our view, under the Constitutional scheme the parents, who are major, are entitled to live together, even if they have not undergone marriage.”
Reliance was placed on Gyan Devi v. Superintendent, Nari Niketan, Delhi, Lata Singh v. State of U.P., and Bhagwan Das v. State (NCT of Delhi).
Advocate Santosh Prajapati appeared for the Petitioner.
It was further alleged that the local police authorities were unwilling to register an FIR and had subjected the petitioners to humiliation upon repeated approaches.
In view of the above, the Court directed, “In light of the same, the Superintendent of Police, Sambhal is directed to ensure that the first information report should be registered at Police Station Chandausi, District Sambhal, if the parents of the child approach the police station. The Superintendent of Police, Sambhal is also directed to look into the aspect whether any security is required to be provided to the child and the parents in accordance with law. The authorities are also directed to act in accordance with the judgements indicated above.”
The petition was allowed.
Cause Title: Baby Aaliya (Minor) v. State of U.P. & Ors., [2025:AHC:50647-DB]
Appearance:
Petitioner: Advocates Santosh Prajapati, Sayyed Kashif Abbas Rizvi
