In a landmark judgment, the Allahabad High Court ruled that persons under the age of 18 cannot enter into live-in relationships, calling such acts not only morally repugnant but also prohibited by law.
A plea filed by a 17-year-old Muslim boy and his 19-year-old Hindu girl partner was denied by a division bench consisting of Justice Vivek Kumar Birla and Justice Rajendra Kumar-IV. The boy had a First Information Report (FIR) filed against him under Sections 363,366 of Indian Penal Code for allegedly kidnapping the girl, and the couple had asked for the FIR to be quashed. Additionally, the prayer was made not to the boy in this matter.
In a recent decision, Kiran Rawat and others vs. State of UP Through Secy. Home, Lko. and others 2023, the court emphasized that the boy was a Muslim and was engaged in behavior that was against Muslim law.
In this instance, the involved boy is less than 18 years old which means he’s not of the legal age. He cannot have such a relationship since he is a minor, the court ruled in its judgement of July 11.[1]
The court additionally noted that an individual underneath the age of 18 years is viewed as a child and such a child can’t have a live-in relationship.
The court further stated that the relationship “has not been given any protective umbrella under any law of the land” other from the fact that two major persons have the right to live their own lives and that, in that sense, their personal liberties should be safeguarded.[2]
Accordingly the Writ Petition was dismissed by the court.
Written By: Hetanshi Bhojaviya. College Name: GLS Law College, Semester : IX an intern under Legal Vidhiya
[1] The Economic Times, https://economictimes.indiatimes.com/news/india/immoral-and-illegal-live-in-relations-not-allowed-for-individuals-below-18-orders-allahabad-high-court/articleshow/102386905.cms?from=mdr
[2] Live Law, https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-impermissible-child-18-years-age-live-in-relation-acts-immoral-illegal-234167
0 Comments