19 May 2026 08:33 AM

Right to Life & Liberty--Live-in Relationship--Article 21 Protection Extends to Consenting Adults Regardless of Validity or Absence of Marriage or Nikah

The right to life and personal liberty under Article 21 of the Constitution of India is independent of the validity of a marriage or nikah and must be protected even where the marriage is void, invalid, or entirely absent. Two consenting adults who are majors are legally entitled to live together of their own free will, and neither the State nor a private party can interfere with that choice. The suspicious nature of a Nikahnama or dispute regarding its validity does not extinguish the fundamental rights of the parties as citizens of India. Protection of personal liberty under Article 21 operates at a plane higher than the validity of a matrimonial document.

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