Allahabad High Court Refuses Protection to Live-In Couple Involving Male Below 21

The Allahabad High Court has delivered a significant ruling on the limits of judicial protection in live-in relationships involving underage males. In Shajiya Parveen v. State of U.P., Justice Garima Prashad refused protection to an interfaith couple where the woman was 20 years old and the male partner was only 19. The Court held that granting protection in such circumstances would indirectly legitimise a relationship that the law itself does not permit through marriage.

The judgment carefully examined the Prohibition of Child Marriage Act, 2006, the Special Marriage Act, 1954, and the Hindu Marriage Act, 1955, all of which prescribe 21 years as the minimum marriageable age for males. The Court emphasised that Parliament intentionally created a “marriage-specific incapacity” even though legal majority begins at 18.

Justice Prashad observed that when parties consciously choose a live-in arrangement because marriage is legally barred, such a relationship effectively becomes a substitute for marriage. Therefore, courts cannot use writ jurisdiction under Article 21 to bypass statutory restrictions. At the same time, the Court clarified that individuals remain protected against unlawful violence, detention, or coercion. Since the petitioners failed to show any specific threat or police complaint, the writ petition was dismissed.