Allahabad HC terms inter-faith couple's live-in relationship as time pass, infatuation sans sincerity

The Hindu girl's aunt said the girl's boyfriend(a Muslim), a road-side Romeo and a vagabond, who is facing a criminal case under the provisions of the Uttar Pradesh Gangster Act. "He has no future and in all certainty, he would ruin the life of the girl," she said. The court, taking note of the facts, expressed its reservation regarding such live-in relationship. It said, "such relations are more of infatuation without sincerity and that they often result in time pass, which is temporary and fragile, the Court refused to grant any protection to the petitioner during the stage of investigation."

Prayagraj: The Allahabad High Court threw out a petition from an inter-faith couple seeking protection from police citing that they continue to be in a live-in relationship, observing that such relationships are often time pass and more about infatuation for the opposite sex without any sincerity.

The bench comprising Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi did note that the Supreme Court has, in several cases, validated the live-in relationships, while hearing the petition filed by a Hindu girl and a Muslim boy challenging a criminal case of kidnapping lodged against the boy based on a complaint from the girl's aunt.

The couple also wanted the court to offer protection from the police for they wanted to "remain in a live-in relationship".

The bench also noted in a span of two months, at a tender age of 20-22 years, it cannot expect that the couple would be able to give a serious thought over such type of temporary relationship.

"The Court feels that such type of relationship is more of infatuation than to have stability and sincerity. Unless and until the couple decides to marry and give the name of their relationship or they are sincere towards each other, the Court shuns and avoid to express any opinion in such type of relationship," it said.

The girl's counsel submitted before the court that her client is over 20 years in age, which as per law is deemed a 'major' and that she has every right to decide her future. The counsel said she had chosen the youth as her boyfriend and that she wants to have a live-in relationship with him.

The counsel representing the girl's aunt opposed the submission citing that the girl's boyfriend is a road-side Romeo and a vagabond who is also facing a criminal case under the provisions of the Uttar Pradesh Gangster Act. "He has no future and in all certainty, he would ruin the life of the girl," the counsel said.

The court which took note of the facts presented by both sides, in its orders, expressed its reservation regarding such live-in relationship.

The court said, "such relations are more of infatuation without sincerity and that they often result in timepass, which is temporary and fragile, the Court refused to grant any protection to the petitioner during the stage of investigation."

The court also cautioned that its views should not be misconstrued that it is passing any remark or validating such type of relationship of the petitioners or protecting them from any legal proceeding instituted following the law.