3 Different Orders on Live-In Relationships Passed by Punjab and Haryana High Court

Chandigarh:

Three different judges of the Punjab and Haryana High Court have issued different orders on live-in couples seeking protection from relatives and family members in the span of seven days, setting an extraordinary precedent and causing ambiguity about the law's interpretation.  

In a case involving a live-in couple who are both adults, Justice Sudhir Mittal directed the Haryana government on Tuesday "to provide appropriate protection" to the couple and to ensure "that no harm comes either to the lives or liberty."

The court noted "that social acceptance for live-in-relationships is on the increase" and that a live-in "relationship is not prohibited nor does it amount to commission of any offense." The court also ruled that that live-in couples "are entitled to equal protection of laws as any other citizen."  

While dismissing a petition by a live-in couple — Gulza Kumari and Gurwinder Singh — seeking protection just days before Justice Mittal's order, Justice H S Madaan said the couple was  "seeking seal of approval on their live-in-relationship, which is morally and socially not acceptable"  

Last week, Justice Anil Kshetarpal of the Punjab and Haryana High Court denied the couple from Haryana any protection, saying that "if such protection as claimed is granted, the entire social fabric of the society would get disturbed". 

The couple had stated that they feared for "their life and liberty" from their relatives in this case. 

The Punjab and Haryana High Court cannot take a concrete stand on this matter as opinions seem to be divided, with one faction being pro-liberty and pro-choice, while the other fear that this will further give indulgance to similar parties resulting in the degeneration of the fabric that binds the society together. 

However, it is important to take notice of what the apex court of the country has to say about live-in relationships. The Supreme Court in 2010 observed that couples engaging in live-in relationships must be equally protected like any other citizen as it is a "part of right to life" and "if living together is an offense, then the first complaint should be filed against the Supreme Court because we have permitted living together."

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