Delhi High Court Rules Live-in Relationships Akin to Marriage, Grants Protection

The petitioning couple, both in their 30s, told the court that they had been living together "for a while" and intended to marry.

NEW DELHI: The Delhi high court has held 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 lives. According to news agency PTI, Justice Saurabh Banerjee granted police protection to a live-in couple facing threats from the woman’s family, observing that, as consenting adults, they had "all rights to choose and reside" with a partner of their choice without interference from anyone.

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 petitioning couple, both in their 30s, told the court that they had been living together "for a while" and intended to marry. However, the woman’s father and brother were allegedly opposed to their relationship and had been repeatedly threatening them with violence, the court was informed. The couple said they had approached the local Station House Officer (SHO) with a complaint, but no action was taken.

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.