The Delhi High Court (HC) on Thursday ruled that a consensual live-in relationship between two adults is akin to marriage for the purpose of protecting their right to choose their partner. It held that parents, relatives or friends of the couple cannot interfere with their choices or threaten their safety.

Justice Saurabh Banerjee of the Delhi HC granted police protection to a couple who are in a live-in relationship. The couple had approached the court alleging threats from the woman’s kin. The court delivered the verdict on August 13.

‘Adults have the right to choose their partner’

The court noted that the couple, being consenting adults, had the right to choose their partner and live with them without interference from others.

It ruled that marriages are recognised irrespective of the caste, creed, colour, religion or faith of consenting adults. It added that curtailing constitutionally guaranteed fundamental rights on the basis of societal morals and prejudices amounts to depriving people of their personal identity and autonomy.

Furthermore, it emphasised that the petitioners had voluntarily and responsibly chosen to land into a live-in relationship. Their parents, kin or friends, therefore, had no authority to interfere with their decision, let alone threaten their life or liberty.

The bench hearing the case remarked, “Being consenting adults, the same is akin to marriage,” while noting that the couple was not married legally.

Couple alleges threats by woman’s family

The petitioners, both in their 30s, told the court that they had been living together for some time and had the intention to marry each other. However, the woman’s father and brother allegedly opposed their relationship and repeatedly threatened them with violence.

The pair then claimed that they had approached the local Station House Officer (SHO) and lodged a complaint, but no action was taken. Seeking protection, they contended that they were entitled to live together without intimidation or interference from family members.

The HC referred to judgments delivered by the Supreme Court (SC), affirming the right of consenting adults to choose where and with whom they wish to live, even in the absence of a formal marriage.

SC expands scope of cruelty law

The HC’s ruling comes days after the SC expanded the scope of Section 498A of the Indian Penal Code (IPC) to certain live-in relationships. The top court held that the provision dealing with cruelty by a husband or his kin can extend to partners in a live-in relationship where there is an intention to marry.

It observed that live-in relationships have turned into an accepted social reality, particularly in urban India, and that the legal framework must evolve to protect people who choose such relationships.

The Delhi HC also noted that the law has accorded recognition to relationships outside traditional marriage, including through provisions of the Protection of Women from Domestic Violence Act, 2005.