MEERA MARAVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/9114/2025 · 2025-10-30
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172756 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172756 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9114 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State- respondent Nos.1, 2 & 3. 2. In view of the order proposed to be passed, notice to opposite party no.4 is dispensed with. 3. Instant writ petition has been filed seeking a writ of mandamus directing the respondent Nos.2 & 3 to provide protection to the petitioners so that the life and liberty of the petitioners could be safe along with a further prayer to restrain the opposite party no. 4 not to disturb the peaceful life of the petitioners under live-in-relation. 4. The contention of learned counsel for the petitioners is that both the petitioners are major and they are in live-in relationship on their own volition. In support of the petitioners being major, the petitioners have annexed copies of their Aadhar Cards as annexure No.1 to this petition, from which it emerges that the petitioners are major. It is contended that respondent No.4 is not happy with the live-in relationship and, as such, he is creating hindrance in the peaceful live-in relation of the petitioners. Learned counsel has further stated that no First Information Report has been registered against the petitioners in this regard. 5. In this regard, it would be apt to refer the judgment of Hon'ble Supreme Court in the case of Nandkumar & Anr vs State of Kerala & Ors : (2018) 16 SCC 602, wherein the Apex Court has observed as under:- Versus Counsel for Petitioner(s) : Irfan Alam Counsel for Respondent(s) : G.A. Meera Maravi And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
"10. .... For our purposes, it is sufficient to note that both Appellant 1 and Thushara are major. Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock. It would not be out of place to mention that “live-in relationship” is now recognised by the legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005."
6.
Considering the aforesaid, the writ petition is disposed of with a direction to the opposite parties not to interfere in peaceful life and liberty of the petitioners in any manner. 7. It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stand discharged. 8. It is however made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/validity of the live-in relation. (Mrs. Babita Rani,J.) (Abdul Moin,J.) October 30, 2025 AKK CRLP No. 9114 of 2025 2
Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench