Live-in relationships not prohibited; such persons are entitled to equal protection of laws: Punjab & Haryana High Court

A week after two benches frowned upon live-in relationships, a different Bench of the Punjab & Haryana High Court has granted protection to a couple who entered into a live-in relationship (Pardeep Singh and Anr v. State of Haryana).

. In his order, Justice Sudhir Mittal opined that the right to life and liberty under the Constitution of India includes the right of an individual to full development of his/her potential in accordance with his/her choice, and for such purpose, he/she is entitled to choose a partner of his/her choice.

"The individual also has the right to formalize the relationship with the partner through marriage or to adopt the non-formal approach of a live-in relationship," he went on to state.

. The petitioners had approached the High Court after a representation submitted to the police on May 9 yielded no response.

. Before the High Court, they submitted that they were both adults and had decided to enter into such a relationship as they were sure of their feelings for each other.

. The family members of one of the petitioners were against the relationship and were threatening to cause physical harm to the couple, the Court was told.

. In its order, the Court noted that acceptance of live-in relationships was on the increase, and that the concept has percolated into small towns and villages.

. Such relationships are not prohibited in law, and thus, persons who enter into such relationships are entitled to equal protection of laws, Justice Mittal opined.

. The Court drew parallels between live-in relationships and cases where courts grant protection to couples who have married against the wishes of their parents, noting,

"The only difference is that the relationship is not universally accepted. Would that make any difference ? In my considered opinion, it would not. The couple fears for their safety from relatives in both situations and not from the society. They are thus, entitled to the same relief. No citizen can be permitted to take law in his own hands in a country governed by Rule of Law."

. With these observations, the Court ordered the authorities to ensure that no harm comes to the lives or liberty of the petitioners.

. In stark contrast to this order, the High Court on two separate instances last week denied protection to live-in couples who approached it for protection.

. On May 11, a Bench of Justice HS Madaan described live-in-relationships as being morally and socially unacceptable.

. In an order passed the very 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.

. Advocates Mandeep Singh and Devender Arya appeared for the petitioners.

. [Read Order]

Live-in relationships not prohibited; such persons are entitled to equal protection of laws: Punjab & Haryana High Court

Aishwarya Iyer

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