The Allahabad High Court, in its order dated 10 September 2020, allowed a young couple to live together. The said couple are waiting for their marriage certificates. The couple sought the help of the court to protect their lives and liberty, which was endangered by their family. Their family members allegedly passed threats against their lives.
Background of the Case
The petitioners (Mansi Maurya and Anr.) are co-habitants and have applied for the registration of their marriage. Their marriage is yet to be solemnized. However, owing to the conservative nature of their family members, the family did not acknowledge them residing together. As a result of the same, the couple has faced serious threats. They submit to have been harassed, having their lives endangered and liberty curtailed. Both parties are majors and want to be together of their own free will. Due to the same, the couple has sought the court to claim the protection of their lives and liberty.
Submissions Before the Court
The present writ petition is filed to claim the protection of the petitioners’ lives and liberty as the couple are being threatened and harassed by their family members. The said family members are against them living together, as well as their marriage. The counsel for the couple has submitted joint affidavits. The counsel argued that their living together is of their own free will to be together.
For this, both of them should majors and above eighteen years of age so that they can make decisions on their own. To prove their age, her mark-sheet and his Aadhar Card have been submitted along with the affidavits.
Court’s Observation and Decision
Given the above submissions before the Court, the Bench stated that there is no need to issue any notice to the private respondent. If, however, anybody of any sort disturbs the peaceful living of the couple – the couple shall approach the Superintendent of Police, Prayagraj to file a complaint regarding the same.
The High court of Judicature, Allahabad after referring to similar precedents, passed the aforesaid directions. The Court stated that the petitioners may live together as they are both majors and can decide to own their own. In this regard, their family members have no right to interfere with their life. Also, the court had directed that they should receive their marriage certificate within two months and if not, this order may as well stand invalid.
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