Allahabad High Court Dismisses Writ Petition Seeking Mandamus to Prevent Harassment in Live-in Relationship

In a recent judgment, the Allahabad High Court dismissed a writ petition filed by Kiran Rawat and another individual seeking a mandamus to prevent harassment in their live-in relationship. The court emphasized that extraordinary writ jurisdiction is not meant to resolve private disputes and advised the petitioners to pursue appropriate legal avenues for their grievances. The judgment shed light on the recognition of live-in relationships, legal complexities, and the need for protection for individuals in such relationships.

The court stated, "We cannot allow the petitioners to raise disputed questions of fact under Writ jurisdiction as it would be a wrong assumption of such extraordinary jurisdiction." The bench further noted that the petitioners failed to substantiate their allegations of harassment and interference in their peaceful living, as they did not provide necessary details regarding the duration of the relationship, current marital status, or recognition by society.

Highlighting the recognition of live-in relationships, the court referred to previous judgments of the Supreme Court. While acknowledging that live-in relationships between consenting adults do not amount to offenses, the court clarified that such observations were made in specific contexts and did not promote or encourage such relationships. It stressed the legal complexities associated with property division, violence, and custody of children in live-in relationships and suggested the need for separate legislation to address these issues.

The judgment also underlined the importance of protection for women and children born out of live-in relationships. The court called for awareness among individuals about the legal implications and challenges associated with such relationships. It cited previous judgments that recognized the rights and entitlements of individuals in long-term live-in relationships.

The court advised the parties to approach the appropriate court of law or the police authority with their grievances. It encouraged the filing of FIRs or applications under the relevant sections of the Criminal Procedure Code (Cr.P.C.) and stressed the verification of age and other necessary aspects of the individuals involved before taking legal action.

Date of Decision: April 28, 2023

Kiran Rawat And Another vs State Of U.P.