SC Orders Protection To Couple Who Were Denied Relief By Punjab And Haryana HC Observing ‘Live In Relation Is Socially And Morally Unacceptable

Background

• A recent judgment of the Punjab and Haryana High Court passed by Hon’ble Justice H. S. Madaan held that Live-in Relation is morally and socially unacceptable. The Petitioners Gurwinder Singh and Gulzar Kumari moved to the Supreme Court against the order passed by the High Court.
• The Petitioners faced opposition from their respective families for their relationship and received threats from the woman’s side of the family; so they moved to Court to seek protection.
• However, it can be said that they got Justice from the Apex Court when it ordered the Punjab Police to grant protection to the Petitioner couple.

Court’s Order

• The Court observed that the Petitioners’ grievance was not considered by the police superintendent.
• The Hon’ble Bench of Justices Navin Sinha and Anil Rastogi observed that the matter was concerned with the right to life and liberty of the petitioner and accordingly ordered the superintendent of police to act expeditiously as per the law and grant protection to the petitioner couple given the threats received by them uninfluenced by the High Court’ Order.
• The Court then disposed of both the petitions granting liberty to the petitioner to supplement their representations to the superintendent of the police.

Supreme Court on Live-in Relationships

• The Apex Court in May 2018 held that an adult couple had the right to live together even without marriage.
• The Top Court made it clear that live-in relationships were now recognized by the legislature and were under the provision of the Protection of Women from Domestic Violence Act, 2005.
• In a landmark case of actress S. Khushboo, it was held that live-in relationships are permissible and two adults living together cannot be considered illegal or unlawful even if it may be unacceptable to the orthodox society.
• In another case before the Supreme Court, Lata Singh vs. the State of UP, it was held that a major girl can marry anyone she likes and live with anyone she likes.
• Also in 2013, in the case of IndraSarma vs. V. K. V. Sarma, it was held that live-in or marriage-like relationships are neither a crime nor a sin, even though it may be immoral.

Conflicting Judgments by P&H High Court

• The Punjab and Haryana High Court has taken progressive as regressive approached where the concept of live-in relationship is concerned.
• The Court has reaffirmed that in such protection petitions, the validity of marriage shouldn’t be a ground to deny protection to the couple.
• The High Court has also said that even if live-in relation may not be socially acceptable, but that doesn’t mean that the relationship is an illegal one or that it constitutes an offense.
• In another such case, the court observed that one has the right to formalize a relationship with one’s partner through marriage or to have a non-formal of having live-in relationship.
• However, in another similar matter, the Court had held that if protection is given to live-in relationships, it will disturb the social fabric of the society.

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