Soni Satti
The Punjab and Haryana High Court has ruled that the terms and conditions in the Live-in relationship deeds were a “misuse of the process of law”
Justice Arvind Singh Sangwan in the ruling contended that ‘it cannot be morally accepted in society” after hearing a petition filed in seeking protection of life and liberty by an 18-year-old girl and 19-year-old boy.
The “new concept of contractual live-in-relationship” was brought to Justice Sangwan’s notice where the petitioners ‘‘male partner” was seen as incompetent to perform marriage under the provisions of the Prohibition of Child Marriage Act, 2006 as he had not attained the age of marriage and was also incompetent to have a live-in relationship with the “woman partner”.
The counsels ubmitted that Section 26 of the Indian Contract Act, 1872, provided that an agreement in restraint of marriage was void. As such, it could not be enforced as per Section 14 of the Specific Relief Act, 1963
Justice Sangwan finds no merit in the matter and after hearing the arguments of the council, dismissed the petition, especially stating that it is not a ‘marital relationship’, were nothing but abuse of the legal process.
After Justice Sangwan’s dismissal, the parties agreed to solemnize marriage on attaining marriageable age.
