Entitled To Live Together In Live-in Relationship Being Major: Punjab & Haryana HC Grants Protection To 21 & 19 Year Old Couple

The Punjab and Haryana High Court has granted protection to a 21 year old girl and 19 year old boy after observing that the two are entitled to live together in a live in relationship being major. 

A single judge bench comprising of Justice Arun Kumar Tyagi observed thus:

"In the present case the petitioners being major are entitled to live together in live-in-relationship and are also entitled to protection of their life and liberty against any harm from respondents No.4 and 5."

The couple had filed the petition seeking protection from family of the girl wanting to forcibly get her married with some other boy against her choices. The couple was also allegedly threatened of being killed by the family for the sake of their family prestige.

It was thus the case of the petitioners that though the boy being 19 years of age had not attained the age of majority, the two will get married as soon as the marriagable age is attained.

Living in a live-in relationship together, the couple had written a representation to the Senior Superintendent of Police seeking necessary protection however no step was taken.

Relying on the relevant judgements on the subject, the Court directed the police to grant protection to the couple.

"In view of the above discussion, the petition is disposed of with direction to respondent No.2-Senior Superintendent of Police, District Mohali to look into the grievances of the petitioners as set out in the petition and also expressed in the representation dated 02.07.2021 and take appropriate action for protection of their life and liberty as may be warranted by the circumstances." The Court said.

In a similar development, the High Court had last month granted police protection to a boy and a girl aged 18 and 19 years living in a live in relationship.

Observing that both the petitioners were above the age of 18 years, however, the boy was not of marriageable age, the Court observed thus:

"It is evident that both the petitioners are above the age of 18 years, however, the boy is not of marriageable age. The live-in-relationship nowadays is not a new phenomena but the society has not evolved to the extent of accepting such relationship without raising the eyebrows to such relationship."

"Thus, time and again Hon'ble Apex Court as well as various other High Courts have accepted the live-in-relationship and have come to the rescue of the couple as enshrined under Article 21 of the Constitution of India. Though issue raised by the petitioners in the petition is qua their live in-relationship and their fundamental right to their life and liberty as enshrined in Article 21 of the Constitution of India but the Court is concerned only with their right under Article 21 of the Constitution." It said further.

Title: PUSHPA DEVI AND ANR. v. STATE OF PUNJAB AND OTHERS

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