Allahabad High Court
AFASARI KHATOON AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
Adult individuals in a consensual live-in relationship are entitled to protection of their life and liberty under Article 21, and the State must not interfere, with police mandated to provide protection upon request.
Summary
The petitioners, two adult individuals of different faiths in a live-in relationship, sought a writ of mandamus under Article 226 directing the State not to interfere with their peaceful cohabitation and to provide police protection against threats from family members. The Court noted that the facts were analogous to the earlier decision in Noori v. State of U.P., where similar petitions were allowed. It held that the right to life and liberty under Article 21 extends to unmarried adults living together by choice, and the State has a constitutional duty to protect that right. No offence having been committed, the Court directed that the police, upon verification of majority, must provide immediate protection and may verify age if documentary proof is lacking. The petition was consequently disposed with these directions.
Issues considered
- Whether the State can be directed to protect adult individuals in a consensual live-in relationship from family harassment.
- Whether the absence of a formal marriage deprives such individuals of protection under Article 21 of the Constitution.
- Whether a writ of mandamus can be issued to compel police protection for the petitioners.
Subjects
- live-in relationship
- Article 21
- right to life
- Article 226
- writ of mandamus
- police protection
- constitutional rights
- unmarried adults
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38738 of 2026
Afasari Khatoon And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nitin Pal, Shivam Kumar Pal, Shobhit
Sharma
Counsel for Respondent(s) : C.S.C.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondents and perused the material on record.
2. By means of the present writ petition, the petitioners have prayed for a
writ in the nature of mandamus directing the respondents not to interfere
in their peaceful life and also for a direction to provide protection.
3. It is stated by the learned counsel for the petitioners that though both
the petitioners are major but they are of different faiths. They are
unmarried and are staying in a live-in relationship. Further, it is stated that
private respondent and other family members have got annoyed and there
is serious danger to their lives as they are being threatened and harassed.
Hence, the petitioners have filed this writ petition under Article 226 of the
Constitution of India for issuance of a direction upon the Police
Authorities to protect their life from the private respondents.
4. Learned Additional Chief Standing Counsel opposes the prayer made
in the writ petition.
5. The issue involved in the present petition has already been dealt with in
Writ-C No. 41127 of 2025 (Noori and Another vs. State of U.P. and o
thers), reported in 2026 SCC OnLine All 456, wherein a coordinate
Bench of this Court, while allowing a bunch of writ petitions of similar
nature protected such petitioners having different faiths, who were staying
in a live in relationship on their own free will and choice. Further, the
facts of the present case are similar to the facts of Noori and another
(supra), therefore, the present writ petition is being disposed of in the
following terms.
6. Once an individual, who is a major, has chosen his/her partner, it is not
for any other person, be it a family member, to object and cause a
hindrance to their peaceful existence. It is the bounden duty of the State,
WRIC No. 38738 of 2026
2
as per the Constitutional obligations casted upon it, to protect the life and
liberty of every citizen. Right to human life is to be treated on much
higher pedestal, regardless of a citizen being minor or major, married or
unmarried. Mere fact that the petitioners have not solemnized marriage,
would not deprive them of their fundamental right as envisaged in the
Constitution of India being citizens of India. This Court has no hesitation
to hold that the Constitutional's fundamental right under Article 21 of the
Constitution of India stands on a much higher pedestal. Being sacrosanct,
under the Constitutional scheme it must be protected, regardless of the
solemnization of marriage or even the absence of any marriage between
the parties.
7. The petitioners herein, who are major, have taken a decision to reside
together without the sanctity of the marriage and it is not for the Courts to
judge them on their decision. If the petitioners herein have not committed
any offence, this Court sees no reason as to why their prayer for grant of
protection cannot be acceded to.
8. Having regard to the facts and circumstances of the case, this Court is
of the view that the petitioners are at liberty to live together peacefully
and no person shall be permitted to interfere in their peaceful living. As
right to life is a fundamental life ensured under Article 21 of the
Constitution wherein it is provided that no person shall be deprived of his
right to life and personal liberty except according to procedure established
by law.
9. In case, any disturbance is caused in the peaceful living of the
petitioners, the petitioners shall approach the Commissioner of
Police/SSP/SP concerned with certified copy of this order and the Police
Officer after being satisfied that the petitioners are major and willingly
living together, will provide immediate protection to the petitioners. If the
petitioners are educated and they produce their educational certificates
and other certificates admissible under law, from which it is evident that
they have attained the majority and they are living with their free will
then no Police Officer shall take any coercive action against them unless
an F.I.R. is registered against them in respect of any offence whatsoever.
If they do not have any documentary proof regarding age and they come
from rural background and or illiterate/semi-literate, the Police Officer
can subject such boy or girl to ossification test to verify their correct age
and he can also follow the other procedure permissible under the law.
10. With the aforesaid observations/directions, the instant petition is
disposed off.
(Dr. Gautam Chowdhary,J.)
September 24, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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