The Uttarakhand High Court has granted police protection to a teenage live-in couple who sought the court's intervention after allegedly facing threats from the woman's family over their decision to live together before marriage. The court also directed the couple to register their relationship under the state's Uniform Civil Code (UCC) provisions within a reasonable time.
Details of the Case
The couple, consisting of a 19-year-old woman and an 18-year-old man from the same religious background, informed the court that they had been living together for about a month and intended to marry once the man reached the statutory age for marriage. Since the man is below the legal marriage age of 21, the couple sought protection for their present live-in arrangement rather than immediate marriage.
Justice Alok Mahra, after hearing the petition, found that a prima facie case had been made out for extending protection. He directed the station house officer of Bajpur in Udham Singh Nagar district to assess the threat perception and provide appropriate security if any real danger was established. The court also ordered that those allegedly issuing threats be counselled to follow the law and maintain lawful conduct.
Arguments by the Couple's Counsel
Advocate Rahul Adhikari, representing the couple, told Times of India that the woman had studied up to Class 10, while the man worked as a daily-wage labourer and occasionally drove commercial vehicles. “They have both been living in the same locality for a long time. Upon learning of their relationship, the woman’s uncle, brother and cousins became angry and opposed their decision to live together,” Adhikari said.
The petitioners argued that the threats violated their right to life and personal liberty under Article 21 of the Constitution. Their counsel relied on earlier judgments, including the Supreme Court’s ruling in Lata Singh vs State of Uttar Pradesh, to submit that the right to choose a partner is part of personal liberty and cannot be obstructed by family members or community pressure.
Court's Directions and UCC Implications
While granting protection, the court also directed the couple to register their live-in relationship under Section 381(1) of the Uniform Civil Code within a reasonable time. This direction is significant because Uttarakhand’s UCC makes registration of live-in relationships mandatory. The UCC framework requires the registrar to inform parents or guardians if either partner is below 21 years of age, which could potentially bring the couple’s formal registration into the same family conflict they had approached the court to address.
The case comes at a time when UCC provisions on live-in relationships have been under wider legal and public scrutiny in Uttarakhand, particularly over issues of privacy, mandatory registration, and state oversight of adult relationships. In this instance, however, the court balanced the couple’s protection plea with the statutory requirement of registration under the UCC and asked police to intervene only if a real threat was found.
Background of the Petitioners
According to the petition, the woman has studied up to Class 10, while the man works as a daily-wage labourer and occasionally drives commercial vehicles. The couple has been living in the same locality for a long time. Upon learning of their relationship, the woman’s uncle, brother, and cousins became angry and opposed their decision to live together, leading to threats that prompted the couple to seek legal protection.
The court’s order underscores the right to personal liberty and the choice of a partner as fundamental rights, while also emphasizing compliance with state laws governing live-in relationships. The police have been directed to assess the threat and provide protection if necessary, ensuring that the couple’s safety is not compromised.
