Punjab & Haryana High Court Imposes ₹10K Cost On Live-In Couple For Seeking Protection Without Threat

The Punjab & Haryana High Court recently imposed a cost of Rs.10,000 on a live-in couple for filing a plea for protection without any perceived threat against them. 

Justice Alok Jain clarified that previously informed the petitioners on the very first hearing that a cost of Rs.50,00 will be imposed if no threat perception was found.

"It was made clear on the very first date that, in case, it is found that there is no threat perception to the petitioners, the petitioners will be burdened with the cost of at least Rs. 50,000/-. However, today learned counsel for the petitioners prays for withdrawal of the present petition and also for reduction of cost. Accordingly, the present petition stands dismissed, subject to payment of cost of Rs.10,000/- to be deposited by the petitioners jointly within one month from today.”

These observations were made while hearing the pleas filed for police protection. The Court on the first hearing had noted that it was a strange case since the first petitioner, a married woman was entangled in a live-in relationship with the second petitioner, who is unmarried.

The Court said that the story propounded by the couple was not very convincing and seemed like a “bundle of lies.”

It noted further that the parties entered into a “live-in relationship deed” on July 17 in Rajasthan which is the matrimonial home of the woman. She moved a representation to SP, Hisar wherein she submitted that one week ago, she disclosed to her parents about her relationship, for which she was beaten up by her family and then by her husband and locked in the room.

Justice Jain said,

“It is a strange thing that it in case petitioner No. had run away from the matrimonial home a week ago, then why did she go back to Rajasthan to execute the live-in-relationship deed.”

Interestingly, a petition was filed on July 19, and it was argued that the couple would be killed and there was an imminent threat to their lives, noted the bench.

The Court had directed the counsel for the state to look into the matter and file a status report as to whether there is any genuine threat perception or the petition is “only a sham case.”

The Counsel for State submitted that there is no threat perception.

“Apparently, the petitioners are in a mysterious relationship as petitioner No. 1 is a married woman and is the wife of respondent No.5 and she still chooses to be living in a live-in relationship with petitioner No.2,” said the Court.

The parties requested to withdraw the plea and accordingly, the petition was dismissed subject to payment of Rs.10,000 cost to High Court Bar Association Lawyer’s Family Welfare Fund.

Case Title: X v. State of Haryana

Citation: 2023 LiveLaw (PH) 147

Appearance: Ashwani Vaishnav, Advocate for the Petitioners.

Anmol Malik, DAG, Haryana.

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