The Delhi High Court has directed police authorities to provide protection to an unmarried couple facing threats from family members, ruling that consenting adults hold an absolute right to reside together without external interference.
In an order issued on August 13, Justice Saurabh Banerjee stated that a consensual live-in relationship holds a status comparable to marriage in the eyes of the law. The bench emphasized that parents, relatives, or friends have no authority to obstruct the choices of consenting adults or endanger their life and personal liberty.
Justice Banerjee observed that fundamental constitutional guarantees cannot be compromised by societal prejudices or traditional expectations. Depriving individuals of their right to select a partner based on social norms undermines their personal identity, the court noted, adding that partnerships are recognized regardless of caste, creed, color, faith, or religion.
Threats From Family Prompt Legal Action
The decision follows a protection petition filed by a couple in their 30s who had been cohabiting for some time and expressed an intention to marry. The petitioners sought judicial intervention after the woman’s father and brother repeatedly threatened them with violence.
According to the petition, the couple had initially sought assistance from local law enforcement by filing a complaint with the local Station House Officer, but no police action was taken to address the threats.
Legal Precedents And Statutory Backing
Addressing the legal validity of non-marital cohabitation, the high court referenced Supreme Court rulings affirming that adults possess an unrestricted right to live together as they see fit, even in the absence of a formal marriage.
The court added that the legal framework in India has progressively granted sanctity to such relationships, citing provisions under the Protection of Women from Domestic Violence Act, 2005, which formally recognize live-in arrangements.
