The Allahabad High Court has observed that a person below the age of 18 cannot be in a live-in relationship and this would be an act not only immoral but also illegal.
A bench of Justices Vivek Kumar Birla and Justice Rajendra Kumar made the observation in a recent judgment dismissing a petition filed by Ali Abbas, a 17-year-old boy, and his live-in partner Saloni Yadav, 19.
“There are several conditions for a live-in relation to be treated as a relation in nature of marriage and in any case, a person has to be major (above the age of 18 years), although he may not be of marriageable age (21 years). Hence, a child cannot have a live-in relationship and this would be an act not only immoral but also illegal,” the bench observed.
“An accused who is below 18 years of age cannot seek protection on the ground of having a live-in relationship with a major girl and thus, he cannot seek quashing of the criminal prosecution against him as his/her activity is not permissible in law and is thus illegal,” the bench added.
The petitioners in their joint petition had requested the high court to quash the FIR lodged against the boy under IPC sections 363 and 366 for allegedly abducting the girl with an additional prayer not to arrest the boy in the case. The FIR was lodged by the family members of the girl.
The court observed that if this is permitted, this would amount to putting premium on an illegal activity and thus would not be in the interest of society.
“We are not inclined to put a seal of approval on such legally impermissible activities,” it said.
The court further noted that a person below the age of 18 years is considered to be a child and such a child cannot have a live-in relationship.
Such a relationship “has not been given any protective umbrella under any law of the land” except that two major persons have the right to live their own lives and to that extent, their personal liberty is to be protected, the court added.
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