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In a matter related to Live-in-relationship, on Tuesday a Single Bench of Punjab & Haryana High Court comprised of Justice Rajesh Bhardwaj granted protection to a young unmarried couple, who was living together against the will of the family.

The High court remarked, 

“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 phenomenon but the society has not evolved to the extent of accepting such relationship without raising the eyebrows to such relationship.”

Praying for issuance of writ in the nature of mandamus directing State to protect their life and liberty at the hands of Police, apetition was filed by petitioners Sanjay (18 years) and Bariya Ranjnaben (19 years). Both the petitioners met each other on Facebook and fell in love. They decided to marry. Though both of them are major but they are not of marriageable age. 

In their petition both contended that they are living in live-in-relationship and would marry when they attain marriageable age. It was alleged that the parents of the girl wanted to marry her with some another boy which to which she didn’t agree. She tried to persuade her family members but they did not budge.Having no other alternative, the petitioners decided to reside with each other in live-in-relationship.

Apprehending danger from their dissenting families, they went to Superintendent of Police, Mahendergarh but no action was taken. Having no other alternative, they approached the High Court.

Citing Nandakumar and another Vs. The State of Kerala and others case, the High Court observed, 

“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. Hence, there is no reason not to address the grievances raised by the petitioners qua the same.”

Protecting the ‘right to choice’ of the petitioners provided by the virtue of Article 21 of the Indian Constitution, the Court directed the Superintendent of Police, Mahendergarh to take into consideration the contentions raised by the petitioners in the representation and assess the threat perception if any to the petitioners. And in case of the allegations being found substantiated, then to take the requisite action be taken as in accordance with the law.

Recently, Punjab & Haryana High Court dismissed a plea by a 20-year-old boy and a 14-year-old girl who claimed to be in live-in relationship and sought protection to their life and liberty from their relatives.

In another case The Supreme Court of India had to order police to grant protection to a couple in live-in relationship who were denied relief by the Punjab & Haryana High Court.