Constitution of India, 1950
Article 226—Writ of mandamus—Love marriage—Petition for protection of life and liberty—Submissions that the petitioners who belongs to different religion are major and they developed love affair and solemnized their marriage as per rituals of Arya Samaj—The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act made it mandatory for interfaith couples to seek conversion according to the provisions of the Act—None of the petitioners has moved application for conversion of religion in accordance with Section 8 and 9 of the Conversion Act—Explanation to Section 3(1) of the Act goes to show that conversion is not only required for purpose of marriage, but it is also required in all relationship in the nature of marriage, therefore, Conversion Act applies to relationship in the nature of marriage or live-in-relationship—Petitioners have not yet applied for conversion as per provisions of Section 8 and 9 of the Conversion Act—Relationship of petitioners cannot be protected in contraventions of the provisions of law—Petition dismissed. [The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Sections 3(1), 8 & 9]
[Paras 17 to 21]
Live-in-Relationship
In the relationship of marriage or in the nature of live-in-relationship there must be two consenting adults human beings—Concept of Gotra, Caste and Religion is left a way back—No one has right to interfere in the personal liberty of two adults, not even the parents to two adults can interfere in their relationship, but, the Right to Freedom or Right to Personal Liberty is not an absolute or unfettered right, it is qualified by some restrictions also—Freedom of one person extincts where the statutory right of another person starts, hence, the freedom of one person cannot encroach or overweigh the legal right of another person—If the petitioners are already married and had their spouse alive, he/she cannot be permitted to enter into live-in-relationship with third person without seeking divorce from the earlier spouse—He/she first has to obtain the decree of divorce from the court of competent jurisdiction before solemnizing marriage of entering into live-in-relationship out of their legal marriage.
[Para 16]