Lucknow Dismissing a plea filed by a couple of different religions who were in a live- in relationship, the Lucknow bench of the Allahabad high court observed that such live- in relationship of the petitioners like marriage could not be approved by the court of law. With this observation, the court directed to send the young woman to the Women’s Protection Home, Prag Narayan Road, Lucknow till solemnization of her marriage in accordance with law.
The order was passed by a division bench of justices Vivek Chaudhary and Narendra Kumar Johari on a petition filed by a couple of Ayodhya. The petitioners sought directives to quash an FIR lodged against the youth under sections 363 and 366 of the IPC.
The petitioners’ counsel submitted that they were friends since long and were major. When the woman expressed her desire to marry the youth, her family issued life threats . Therefore, she left home and started living with the youth of her own free will . At present, the couple was in a live- in relationship which was permissible by law. Hence, the said FIR was liable to be quashed, the counsel further submitted.
Opposing the plea, the state counsel contended that both the petitioners belonged to different religions. They had not applied for conversion of religion according to section 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act,2021. Therefore, since they were in a relationship against the provisions of law, the FIR could not be quashed.
The court said that admittedly, both the petitioners belonged to different religions and had not solemnized their marriage in accordance with law, rather they were in a live -in relationship. Section 3(1) of the aforesaid Act,2021 prohibited such live-in relationship which was in the nature of matrimonial bond. Hence such residing of petitioners in live-in relationship like marriage could not be approved by the court of law. In view of the same, the FIR could not be quashed unless they solemnized their marriage in accordance with law, the court further observed, dismissing the plea. However, the court provided liberty to the petitioners to move an application as per legal provisions or file a complaint case if they felt any threat to their life or any act which constituted an offence.
Thereafter, on the request of the woman, the court directed the state counsel to ensure her safe admission in the Women’s Protection Home, Prag Narayan Road, Lucknow till solemnization of her marriage in accordance with law as per her wish.
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