Court No. - 45
Case :- WRIT - C No. - 28260 of 2021 Petitioner :- Smt. Nisha And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subhash Chandra Pandey Counsel for Respondent :- C.S.C.
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Heard Shri Subhash Chandra Pandey, counsel for the petitioners and Standing Counsel representing the State-respondents.
The writ petitioners, who are both major and practicing different religious faith, are stated to be in live-in-relationship with each other since last three months.
The petitioners allege that the respondents no. 4 and 5, who happens to be the father and uncle, respectively, of petitioner no. 1, are interfering in the day-to-day life of the petitioners. It is stated that they have approached the concerned police authorities, but the police authorities are not extending any help and consequently, the life and liberty of the petitioners is being undermined.
Live-in-relationships have become part and parcel of life and stand approved by the Hon'ble Apex Court. The live-in- relationship is required to be viewed from the lens of personal autonomy arising out of the right to live guaranteed under Article 21 of the Constitution of India, rather than, notions of social morality. The right to life enshrined under Article 21 of the Constitution of India is liable to be protected at all costs.
In such view of the matter, we are of the opinion that police authorities are obligated to protect the rights of the petitioners.
In the event, the petitioners approach the police authorities complaining of any threat to their life and liberty, we hope and trust that the police authorities shall perform their duties as expected from them under law.
The writ petition is disposed off in terms of the above observations.
Order Date :- 29.10.2021 Vandana