Person below 18 years of age cannot be in live-in relationship: rules Allahabad HC

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 Allahabad High Court on Wednesday while rejecting a plea to protect a 17-year-old boyAli Abbas from criminal prosecution initiated allegedly on account of his live-in relationship with a 19-year-old girl Saloni Yadav. 

The bench of Justices Vivek Kumar Birla and Rajendra Kumar-IV added that 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,” added the bench. 

In their joint appeal, the petitioners asked the court to dismiss the FIR filed against the boy for allegedly kidnapping the girl under Sections 363, 366 IPC, as well as an additional prayer not to arrest the boy in the case Members of the girl's family filed the FIR earlier. The woman left her house voluntarily and no offence was made out against the boy, held the counsel for the petitioners. 

“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,” added the court.

Taking into account the facts of the case, the court at the outset referred to recent ruling of Allahabad High Court in the case of Kiran Rawat and Another vs. State of U.P. Thru. Secy. Home, Lko and Others 2023 to note that as the boy-petitioner is a Muslim, therefore, his relationship with the girl is ‘Zina’ as per Muslim law and thus, impermissible.

In light of the case's facts, the court made an initial reference to a recent ruling made by the Allahabad High Court in the matter of Kiran Rawat and Another vs. State of U.P. Thru. Secy. Home, Lko and Others 2023 to note that since the boy-petitioner is a Muslim, his relationship with the girl is 'Zina' in accordance with Muslim law and is, therefore, forbidden.