Deepali Kalia
Punjab and Haryana HC made significant judgment ruled that there was no difference between married couples and live in couples seeking protection and further stated that the social acceptance of live in relationships which emerged as a concept in the western society is on the rise.
The court stated that an individual has the right to formalize the relationship with the partner through marriage or to adopt the non-formal approach of a live-in relationship and that Right to life and liberty enshrined in the constitution also includes the right of an individual to the full development of his/her potential in accordance with his/her choice and wish and for such purpose, he/she is entitled to choose a partner of his/her choice.
The ruling was given by Justice Sudhir Mittal in a case involving a live in couple who were both major and had entered into such a relationship as they were certain of each other’s feelings.
“The Constitutional Courts grant protection to couples, who have married against the wishes of their respective parents. They seek the protection of life and liberty from their parents and family members, who disapprove of the alliance. An identical situation exists where the couple has entered into a live-in-relationship. The only difference is that the relationship is not universally accepted. Would that make any difference?” The court remarked.
The court significantly remarked that “In law, such a relationship is not prohibited nor does it amount to commission of any offence and thus, in my considered view such persons are entitled to equal protection of laws as any other citizen of the country. The law postulates that the life and liberty of every individual is precious and must be protected irrespective of individual views.”
The court commented on the concept of live in relationships and stated that after initially finding acceptance in the metropolitan cities now the concept is spreading into the small towns and villages as well and therefore gradually gaining society’s approval.
This significant ruling from the Punjab and Haryana High Court comes in contrary to High Court’s previous order given on May 12, refusing to grant protection to a live in couple who had eloped and were facing threats from the girl’s family.
The High Court had then remarked that “If such protection as claimed is granted, the entire social fabric of the society would get disturbed. Hence, no ground to grant the protection is made out.”
Also, Punjab and Haryana High Court had last week in another orde refused protection to another live in couple and had stated that “As a matter of fact, the petitioners in the garb of filing the present petition are seeking seal of approval on their live-in relationship, which is morally and socially not acceptable and no protection order in the petition can be passed”