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50-Yr-Old Married Woman In Live-In Relation With 30-Yr-Old Man: P&H High Court Orders Threat Assessment For Couple

Sparsh Upadhyay
5 Nov 2021 10:15 AM GMT
50-Yr-Old Married Woman In Live-In Relation With 30-Yr-Old Man: P&H High Court Orders Threat Assessment For Couple
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The Punjab and Haryana High Court recently ordered protection to a 50-year-old married woman and her live-in partner, a 30-year-old man noting that every person, more so, a major, has the right to live his / her life with a person of his / her choice at any rate.Stressing that the protection of life and liberty is a basic feature of the Constitution of India, the Bench of Justice Vikas...

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The Punjab and Haryana High Court recently ordered protection to a 50-year-old married woman and her live-in partner, a 30-year-old man noting that every person, more so, a major, has the right to live his / her life with a person of his / her choice at any rate.

Stressing that the protection of life and liberty is a basic feature of the Constitution of India, the Bench of Justice Vikas Bahl observed thus:

"Every person, more so, a major, has right to live his / her life with a person of his / her choice at any rate whenever this Court, prima-facie, is satisfied that on account of some relatives/ persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, and in such circumstances, the Courts are then required to pass necessary directions for their protection."

The matter before the Court

Petitioner no.1 (married Woman), over 50 years of age, approached the High Court along with her 30-year-old partner (petitioner no. 2) claiming that they are in a "Live in Relationship" and seeking protection of their life and liberty.

They submitted that they intend to marry each other after the divorce has been taken by petitioner no 1 from her husband (respondent No.4-Mangal Singh).  

Court's observations

At the outset, the Court opined that even if the petitioners are living in a "Live in Relationship", they are entitled to protection of life and liberty.

With respect to the aspect of petitioner no.1 not being divorced, the Court referred to a judgment of Ishrat Bano and another vs. State of Punjab and others, wherein the High Court had granted protection to a Muslim man seeking protection in his second marriage.

In that case, considering the aspect of protection of life and liberty being of paramount consideration and without getting into the issue as to whether the relationship between the parties (second marriage) was legal or not, even in spite of the fact that there is a criminal case registered against the parties, had however, granted them protection.

Read more about the case here: P&H High Court Grants Protection To Muslim Man In Second Marriage, Directs To Pay 1 Lakh To First Wife

Keeping in view the abovesaid facts and circumstances and without commenting upon the legality of the relationship or expressing any opinion on merits of the case, the Court disposed of the instant petition with a direction to respondent no.2 to consider the representation dated 25.10.2021 and to assess the threat perception to the petitioners and after considering the same, take appropriate action in accordance with law

Case title - Amandeep Kaur and another v. State of Punjab and others

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