'Unmarried Major Parents Are Entitled To Live Together': Allahabad High Court Grants Police Protection To Interfaith Live-In Couple

The Allahabad High Court on Tuesday granted police protection to an interfaith live-in couple, while hearing a plea filed by their minor daughter which claimed that the erstwhile in-laws of the child's mother threatening the couple. 

A division bench of Justice Shekhar B Saraf and Justice Vipin Chandra Dixit in its order observed that it appeared that the biological father and mother of the child are of different religion and had been living together since 2018. The court noted that the child is presently one year and four months old.

The court noted that the parents of the child are stated to be "apprehensive of certain threats from the private respondents who are the erstwhile in-laws of the biological mother". It noted that after the death of her erstwhile husband, the biological mother of the child had started living with the biological father.

"In our view, under the Constitutional scheme the parents, who are major, are entitled to live together, even if they have not undergone marriage," the bench said referring to various judgments of the Supreme Court. 

The parents of the child submitted that the police authorities are not willing to register the first information report against the private respondents and the police authorities time and again are humiliating them when they approach the police station for lodging the FIR. 

In this view, the Court directed the concerned Superintendent of Police to ensure that the FIR is registered if the parents approach the concerned police station. The court further directed the SP to look into the aspect "whether any security is required to be provided to the child and the parents in accordance with law". 

It thus allowed the writ petition. 

Case Title: X v. State Of U.P. And 7 Others

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