Allahabad High Court
/11381/2025 of SABIYA NAZ AND ANOTHER Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS on 4 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11381 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
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 11381 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
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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 opposite parties not to harass the petitioners in the interest of justice.
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 Nos.1 & 2 to this petition, from which it emerges that both the petitioners are major. Further, the petitioners in the writ petition duly supported by an affidavit have indicated that both the petitioners are major.
5. 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.
6. 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) : Dev Mani Mishra Counsel for Respondent(s) : G.A. Sabiya Naz And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 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."
7. 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.
8. It is made clear that if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stands vacated.
9. 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.) December 4, 2025 Reena/- CRLP No. 11381 of 2025 2
Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench