Live-in relationship may not be acceptable to all, but it is not illegal nor an offence: Punjab and Haryana High Court

The Punjab and Haryana High Court on Tuesday ruled that although the concept of a live-in relationship may not be acceptable to all, it cannot be said that such a relationship is an illegal one or that it constitutes an offence. (Soniya and Anr v State of Haryana)."The concept of a live in relationship may not be acceptable to all, but it cannot be said that such a relationship is an illegal one or that living together without the sanctity of marriage constitutes an offence", the Court's order stated. .Justice Jaishree Thakur added that even under the Protection of Women from Domestic Violence Act, 2005, a woman who is in a ‘domestic relationship’ has been provided protection, rights to maintenance etc.."It is interesting to note that the word ‘wife’ has not been used under the said Act. Thus, the female live-in-partners and the children of live-in-couples have been accorded adequate protection by the Parliament", the Court noted..This ruling comes in close in the heels of two other Benches of the High Court denying protection to unmarried couples, while terming live-in relationships as morally and socially unacceptable, and as likely to disturb the social fabric of society..Live-in relationship morally and socially not acceptable: Punjab and Haryana High Court refuses to grant protection to couple."....with due respect to the judgments rendered by the Coordinate Benches, who have denied protection to couples who are in live in relationship, this court is unable to adopt the same view", Justice Thakur said on Tuesday..A man and a woman who were living together had approached the Court seeking protection, after the woman's parents opposed the relationship. .Since the man was only 19 years of age, the petitioners had decided to live together till they could marry each other. The Court was further told that the relationship would never be accepted by the parents as the petitioners belonged to different castes..The petitioners had not approached the Court either seeking permission to marry or for an approval of their relationship, recorded Justice Jaishree Thakur. She observed that the limited prayer was for a grant of protection to the petitioners, who were fearing the ire of family members..Given that honour killings were prevalent in northern parts of India, the Court went on to opine it would be a travesty of justice if the protection sought was denied. ."It would be a travesty of justice in case protection is denied to persons who have opted to reside together without the sanctity of marriage, and such persons have to face dire consequences at the hands of persons from whom protection is sought. In case such a course is adopted and protection denied, the courts would also be failing in their duty to provide its citizens a right to their life and liberty as enshrined under Article 21 of the Constitution of India and to uphold to the Rule of law", held the Court..Thus, the Judge directed the police to decide on the representation of the petitioners for protection and grant them protection if there is any threat to their life and liberty..In the recent days, different Benches of the High Court has expressed divergent views on on petitions by live-in couples who have approached the Court for protection..Justice Sudhir Mittal recently highlighted that live-in relationships are not prohibited prohibited in law and that persons who enter into such relationships were entitled to equal protection of the laws..Live-in relationships not prohibited; such persons are entitled to equal protection of laws: Punjab & Haryana High Court.In contrast, on May 11, Justice HS Madaan described live-in-relationships as being morally and socially unacceptable. In an order passed the next day, Justice Anil Kshetarpal turned down a similar petition, stating if the couple was granted protection, it would disturb the social fabric of the society..Entertaining prayer by live-in couple to grant protection from relatives would disturb social fabric of society: Punjab & Haryana High Court .[Read Order]