Punjab and Haryana High Court orders protection to live-in couple despite man being married to another woman

The Punjab & Haryana High Court has ordered police to provide protection to a live-in couple despite the fact that the man was still married to another person and divorce proceedings in relation to that marriage were pending (Paramjit Kaur v. State of Punjab).Single Judge Justice Amol Rattan Singh said that pendency of divorce proceedings would be immaterial the petitioners had not committed any offence since adultery was decriminalised by Supreme Court in 2018.The Court disagreed with the judgement of the Allahabad High Court in Smt. Aneeta v. State of U.P. in which the Court had denied protection to a live-in couple reasoning that a spouse is not entitled to protection for a relationship with another person without obtaining a divorce..In this regard, Justice Singh relied on the judgement of the Supreme Court in Joseph Shine v. Union of India that struck down Section 497 of the Indian Penal Code, which criminalised adultery, for being unconstitutional and violative of Articles 14, 15 and 21 of the Constitution of India."Prima facie at least at this stage, no offence would seem to have been committed by the petitioners, they being adults in a live-inrelationship with each other, whether or not any divorce petition is pending before this court, which of course it is in the present case," the Court said..The petitioners sought police protection on ground that they were being harassed by the second petitioner's spouse and the SHO, Police Station Samrala..While issuing notice in the plea, the Court directed the Senior Superintendent of Police (SSP) of Police District Khanna to ensure that the life and liberty of the petitioners are protected. The Court also said that a very adverse view will be taken if the petitioners are harassed by the SHO again for their relationship with each other..The matter will be heard again on September 24 by which time the SSP is expected to file a reply.Advocate Dinesh Mahajan appeared for the petitioners. .Who is entitled to protection? See live-in relationships from lens of personal liberty and not moral compass, say legal experts .Interestingly, the Punjab & Haryana High Court itself had a few weeks ago refused to issue directions to the State to grant police protection to a couple in a live-in relationship since the woman was already married to another person.Before that, the Rajasthan High Court had also refused relief on the same ground citing that the woman was married to another man and granting protection to the couple may indirectly amount to giving the Court’s assent to such "illicit relations".The Allahabad High Court had also in June 2021, denied protection to a live-in couple after noting that the woman was married to another person and the Court cannot, therefore, permit "illegality"..[Read Order]