Punjab & Haryana HC raps couple who tried to legitimise live-in relationship via a plea

Calling a live-in couple's attempt to legitimise their relationship by moving court 'morally and socially not acceptable', the Punjab and Haryana High Court on Tuesday refused to grant protection to said couple from their families. Petitioner Gulza Kumari and Gurwinder Singh had knocked on the doors of the Punjab and Haryana High Court and claimed that they are apprehending danger to their lives at hands of the parents of Gulza Kumari. The case was heard by a single-judge bench of Justice HS Madaan who turned down the plea by Gulza Kumari and Gurwinder Singh who also expressed that they intend to get married soon. 

Dismissing the plea, the Court said, "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 in the petition can be passed."

The petitioner couple — a 19-year-old woman from Uttar Pradesh and a 22-year-old man from Punjab had moved the High Court seeking directions to Punjab Police to grant protection from the woman’s family. The petitioner couple, through their counsel, advocate J S Thakur, had submitted that they had been in a relationship for the past four years. However, the woman’s family was opposed to their inter-caste marriage. Fearing a threat to their lives and liberty, they ran away from their house. They sought protection from the court in order to proceed with their wedding. As evidenced above, court declined.

What The Supreme Court of India Says On Live-In Relationship

While the order appears to have been widely reported as the High Court opposing live-in relationships in general, the placement of a comma makes quite clear that this is not the case. Regardless, it is perhaps prudent to look at the status of live-in relationships in India. Notably, in a landmark case of S.Khusboon.Kaniammal (2010), the Supreme Court of India held that a live-in relationships come within the ambit of the right to life under Article 21 of the Constitution of India. The court had further held that live-in relationships are permissible and the act of two major (non-minors) living together cannot be considered illegal or unlawful. In Lata Singh vs the State of UP, the apex court again observed that the live-in relationship between consenting adults of heterogenic sex does not amount to any offense (with exception of adultery), even though it may be perceived immoral. Notably, in 2018, the Supreme Court of India decriminalised adultery in Joseph Shrine's case

Again in the Indra Sarma vs V.K.V Sarma (2013), the Supreme Court observed that live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal.  

(Image Credits: PTI/Representative Image)