Significant Judgments Of Allahabad High Court In 2020

Same-sex couples, Inter-faith marriages & Right to choose partner 1. "Right To Choose A Partner Of Choice A Fundamental Right": Allahabad High Court Says The Judgments Which Held "Conversion For The Purpose Of Marriage Only" Not Good Law A Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal specifically observed that "Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty." It remarked, "We fail to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even the state can have an objection to the relationship of two major individuals who out of their own free will are living together." The Bench held that a Single Judge's recent order stating that conversion only for the purpose of marriage is not unacceptable, is bad in law. [Case: Salamat Ansari & Ors. v. State of UP & Ors.] Also Read: UP Governor Promulgates Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 20202. "She Has A Choice To Live Life On Own Terms": Allahabad High Court Reunites An Interfaith Couple A Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal reunited Salman and Shikha, an interfaith couple, separated by the latter's parents. The Court noted that Shikha had "expressed that she wants to live with her husband (Salman @ Karan) she is free to move as per her own choice without any restriction or hindrance being created by third party." [Case: Shikha & Anr. v. State of UP & Ors.] 3. Live-in Relationship Between Consenting Adults Not An Offence: Allahabad High Court Observing that a live-in relationship between two consenting adults is not an offence, a division bench comprising Justices Anjani Kumar Mishra and Prakash Padia granted police protection to a couple who wanted to live together. It observed that it is "settled the law that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together". The Court also noted that to provide protection to women in live-in relationships, the Domestic Violence Act as been enacted to cover couples having relationship in the nature of marriage. Also Read: Upholding Love : In Last One Month, Allahabad High Court Grants Protection To Over 125 Inter-Faith/Caste Couples [Case: Kamini Devi & Anr. v. State of UP & Ors.] 4. Allahabad High Court Extends Protection To Same Sex Couple, Acknowledges The Stark Reality of Discrimination Faced By The Community In The Society The High Court granted protection from harassment to a homosexual couple from Uttar Pradesh, while citing the Supreme Court's landmark verdict in Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1. "The petition highlights the stark reality of the society where the citizens are facing discrimination at the hands of the society only on account of their sexual orientation despite it being well settled that sexual orientation is innate to human being," the Bench of Justices Shashi Kant Gupta and Pankaj Bhatia said. [Case: Sultana Mirza & Anr. v. State of UP & Ors.] 5. No Protection For Married Live In Partners, Holds Allahabad HC While consistently protecting live-in couples throughout the year, the High Court in one of its orders made it clear that where a man and a woman, during the subsistence of their marriages to other persons, reside as a live in couple, they will not be entitled to any protection under the law. A division bench comprising Justice Bharati Sapru and Justice Piyush Agrawal dismissed a writ petition moved by a live-in couple, who "candidly" stated that they had married to other persons but they now lived with each other. It observed that the sanctity of a marriage has to be preserved. If a party wants to opt out, it can always seek dissolution of the marriage in a valid manner. However, the Courts cannot lend aid to the people who choose to not abide by the law. [Case: Akhlesh & Anr. v. State of UP & Ors.] Right to Die with Dignity 6. Hathras Victim Was At Least Entitled To Decent Cremation; State Action Infringed Her Human Rights: Allahabad HC Dissatisfied with the reasons given by the UP administration for hasty cremation of the body of 19-year old Dalit woman in the Hathras gangrape and murder case, the Lucknow Bench of the Allahabad High Court expressed its displeasure on the entire incident and deprecated the local authorities for violating the victim and her family's human and fundamental rights. "India is a country which follows the religion of humanity, where each one of us are supposed to respect each other in life and in death. However, the above facts and circumstances, as of now, ex facie, reveal that the decision to cremate the victim in the night without handing over the...

Significant Judgments Of Allahabad High Court In 2020

Akshita Saxena

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