Live-In Couple Entitled To Protection From Parental Threats, Adults Free To Choose Partners: Delhi High Court

The Delhi High Court has held that two consenting adults in a live-in relationship are entitled to police protection against threats and interference from family members, reiterating that the right to choose a partner flows from Articles 19 and 21 of the Constitution of India. Justice Saurabh Banerjee allowed a petition filed by a couple seeking protection from the father of the woman, who was allegedly threatening them over their live-in relationship.“So the Live-In Relationship which the petitioners are in, is in a way akin to marriage, though not legally. And at the end of the day, marriage in India is recognised if it is inter se two consenting individuals, irrespective of the caste, creed, colour, religion and/ or faith. In fact, the Constitution of India guarantees fundamental rights in the form of Article 19 thereof, which enshrines their respective right to freedom and in the form of Article 21 which enshrines their respective right to life and liberty,” the Court said. The counsel appearing for the petitioners submitted that the couple, born in 2006 and 2007 respectively, were consenting adults who have been in a relationship since 2024 and were presently residing together. The Court was told that the couple had also executed a Live-in Relationship Agreement dated February 17. It was contended that the woman's father was unhappy with the relationship and had been issuing threats, placing their lives and liberty in jeopardy.Allowing their petition, Justice Banerjee said that the couple were both consenting adults have all rights to choose and reside with their respective partners as per their individual choice or desire with no interference from anyone. “Both petitioners herein are in a Live-In Relationship and in fact have voluntarily executed a Live-in Relationship Agreement on 17.02.2026 inter se them to give it a recognition,” the Court noted. It further emphasised that no one — including parents, relatives, or friends — has any authority to interfere with or threaten such a relationship.“….even though the petitioners are not legally married and are in a Live-in relationship, however, since they are both major and consenting adults who have willingly and with utmost responsibility chosen to enter into a relationship with each other, and for which they have even executed a Live-in Relationship Agreement on 17.02.2026 recording their desire(s), intent(s) and action(s), no one, be it their parents, including respondent no.4, i.e. father of petitioner nos.2/ relatives/ friends, have any right and/ or authority to cause any hinderance and/ or interference of any kind to them, much less threaten their life and/ or liberty,” the judge held. The Court directed that the petitioners shall be free to approach the concerned SHO or the concerned Beat Constable, who shall provide necessary assistance in accordance with law.It was further clarified that if the couple shifts residence to another jurisdiction, they must inform the concerned SHO within three days, and the protection shall continue to be extended.Title: KARTIK & ANR v. STATE OF NCT OF DELHI & ORSClick here to read order

Live-In Couple Entitled To Protection From Parental Threats, Adults Free To Choose Partners: Delhi High Court

Nupur Thapliyal

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