Why in News?

A person below the age of 18 years cannot be in a live-in-relationship and this would be an act not only immoral but also illegal, observed the Allahabad High Court in the matter of Saloni Yadav and Another v. State of UP and 3 Others.

Background

• A criminal prosecution was initiated against a 17-year-old Muslim boy for the offences under Sections 363, 366 of the Indian Penal Code (IPC), 1860 by the family of a 19-year-old girl.
• It was the case that both the petitioners started living with each other on 27th April 2023, and the First Information Report (FIR) was lodged by the family members of the Girl on 30th April 2023.
• The present writ petition has been filed with the prayer to quash the FIR dated 30th April 2023 under Sections 363, 366 IPC and no arrest shall be made in the aforesaid case.

Court’s Observations

• The bench of Justice Vivek Kumar Birla and Justice Rajendra Kumar-IV held that an accused who is below 18 years of age cannot seek protection on the grounds of having a live-in relationship with a major girl i.e., above 18 years of age.
• The Court while referring to the Allahabad High Court's prior ruling in the case of Kiran Rawat and Another v. State of U.P. Thru. Secy. Home, Lko. and Others, (2023) further stated that the minor boy is a Muslim, therefore, his relationship with the Girl is 'Zina' as per Muslim Law and thus, impermissible.

Live-In-Relationship

• Live-in relation i.e., cohabitation is an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship.
• The term is most frequently applied to couples who are not married.
• The Supreme Court in S. Khushboo v. Kanniammal and Anr, (2010) opined that:
  • A man and a woman living together without marriage cannot be construed as an offence.
  • There were no laws prohibiting live-in relationships or pre-marital sex.
  • Living together comes under the Article 21 of the Constitution of India, 1950 which guarantees right to life and personal liberty.
• Some Foreign Countries that have given legislative validity to live-in-relationship are Scotland, United Kingdom, Canada, Australia etc.

Legal Provisions

IPC

The news pertains to Section 363 and 366 of IPC which are as follows:

• Section 363. Punishment for Kidnapping — Whoever kidnaps any person from 1 [India] or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
• Section 366 - Kidnapping, Abducting or Inducing Woman to Compel her Marriage, etc —Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.

Constitution of India

Article 21 - Protection of life and personal liberty — No person shall be deprived of his life or personal liberty except according to procedure established by law.

Legislative Aspect of Live in Relationships in India

Domestic Violence Act (DV Act), 2005

• It has been specifically mentioned under Section 2(f) of the act that it not only takes under its purview married couples but also those relationships which are in the nature of marriage giving way to its application to Live-in-Relationships.
• Section 2 - Definitions (f) Domestic Relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

Criminal Procedure Code (CrPC), 1973

• According to Section 125 CrPC a female partner can claim maintenance if she has a relationship that follows the nature of the live-in relationship, in addition, she would be entitled to maintenance.
• In Chanmuniya v. Virendra Kumar Singh Kushwaha & Ors, (2010) the Apex Court ruled that “We are of the opinion that a broad and expansive interpretation should be given to the term `wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the CrPC so as to fulfil the true spirit and essence of the beneficial provision of maintenance under Section 125”.