Indian judiciary on Live-in relationships

The Punjab and Haryana court allowing the protection plea of a couple in a live-in relationship passed a noteworthy ruling. The bench of Justice Sudhir Mittal has directed the Haryana police to protect the lives and liberty of the couple. The court quoted, “individuals have the right to formalise the relationship with the partner through marriage or to adopt the non-formal approach of a live-in relationship.”

Earlier, two such petitions were dismissed by two different single benches of Punjab and Haryana court. “If such protection as claimed is granted, the entire social fabric of the nation would get disturbed”, the courts quoted while dismissing the first plea. Similarly, the second petition was rejected by saying, “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.”

However, when a similar couple in a live-in relationship came before the bench of Justice Mittal seeking protection as the family of the women in the relationship is threatening to cause physical harm, the court held, “The Constitution of India is the Supreme Law of the land. The right to life and liberty is enshrined therein and is treated as a basic feature. The said right 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 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.”

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