This Legal News update on “Latest Judgements by Punjab & Haryana High Court on Live in Relationship” is written by Kartikay Jain. He is pursuing Law from Amity Law school, Amity university, Noida; and is Legal Content Writer & Judgement Updates Editor at Legal Thirst. This article lists out 3 important judgements by Punjab & Haryana High Court, Chandigarh. Though these 3 judgements have completely opposite view on the Live-In-Relationship by two consenting adults. The latest judgement by this court in COVID-19 pandemic not only shocks the human rights activists and the youths. But it also degrades the judicial temperament of constitutional courts; which is far away from Legal Rights granted to Indian Citizens.
Table of Contents
Ujjwal Singh & Ors. V. State of Haryana & Ors., 2018
It was held that “if protection for a runaway couple in a live-in-relationship is granted, then the social fabric of the society would get disturbed”, refusing to grant any protection to the couple.
Petitioner Ujjawal (Girl) is barely 18 and Manpreet (Boy) is 21 years old claimed to be in a live-in-relationship without marrying each other and wanted court to grant protection of their life and liberty from girl’s relatives.
Decision
No ground to grant protection was made out therefore petition was dismissed.
Sonia & Ors. V. State Of Haryana & Ors., 2021
Basic facts are that petitioner no.1 Sonia’s parents wanted to marry a person of their choice; and threatened her with dire consequences, therefore she ran away and shifted in with Anil; then they decided to live-in together till the time when Anil would attain the age of 21. This relationship would never be accepted by their parents as they are of different castes.
Therefore fearing for their life, instant CRWP (Criminal Writ Petition) was filed.
Justice Jaishree Thakur said that the petitioners have approached the court seeking protection of their life and liberty; and not to seek permission to marry or for the approval of their live-in-relationship.
“The concept of a live-in-relationship may not be acceptable to all; but it is also not illegal or without the sanctity of marriage constitutes an offence”.
It would be a travesty of justice in case protection is denied to a live-in-relation. In such case a course is adopted protection denied; the courts would also be failing in their duty to provide its citizen right to life and liberty.
Decision
Therefore it was held with directions to respondent no. 2 to decide the representation of the petitioners; within a period of one week from the date of receipt of a copy of this order and grant them protection.
Gulza Kumari & Ors. V. State of Punjab & Ors., 2021
The petitioner Gulza Kumari (19) and Gurwinder Singh (22) stated in their plea that they were living together and intended to marry each other shortly; the couple claimed that their lives were in danger from petitioner gulza’s parents. Therefore they filed a petition seeking protection from them. But the court dismissed their petition and it was held that “A live-in-relationship is morally and socially unacceptable.”
Decision
Justice H.S. Madaan in his order also said 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 can be passed”.
There are so many organizations and social liberty activists protesting against this view of the court. One court & two different views over the same issue; while the latest one completely got indigestible to the well aware youth of Indian society. These activists expects such a decision by the constitutional courts of the country; which is not based of Indian-Hindu Society’s old but hollow values; but on sound knowledge of Human Rights.
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